A US District Judge has dismissed a lawsuit filed by workers against Amazon over its alleged lack of coronavirus safety precautions.
Judge Brian Cogan dismissed the worker lawsuit against Amazon, arguing that the coronavirus safety issues should be taken up with the Labor Department's Occupational Safety and Health Administration.
Coronavirus safety at Amazon
In late March, Amazon employees at its Staten Island facility staged a walkout to protest the company’s decision to keep the facility open despite news of a confirmed case of the coronavirus there.
Christian Smalls, an assistant manager at the facility, led the walkout. Smalls claimed that many more employees have tested positive for the virus at the facility than the company has publicly acknowledged.
Smalls was then terminated by the company, claiming that he was supposed to be under quarantine. Amazon spokesperson Kristen Kish stated: “Mr. Smalls was found to have had close contact with a diagnosed associate with a confirmed case of COVID-19 and was asked to remain home with pay for 14 days, which is a measure we’re taking at sites around the world.”
"Despite that instruction to stay home with pay, he came onsite today, March 30, putting the teams at risk," added Kish.
New York Attorney General Letitia James reacted to Amazon’s decision, saying that "it is disgraceful that Amazon would terminate an employee who bravely stood up to protect himself and his colleagues."
Last June, several workers at the facility filed a complaint, saying the company has established "a façade of compliance" to meet public health guidelines while it actually pressures employees to report to work under unsafe conditions.
For the first time, Amazon admitted in an official statement in early October that 19,816 of its frontline US employees at Amazon and Whole Foods have contracted the coronavirus. The company has been previously refusing to share comprehensive data on the total number of COVID-19 positive workers at its warehouses.
Decision on the lawsuit
In his November 1 decision, Judge Brian Cogan explained that the workers' claims and proposed injunctive relief "go to the heart of OSHA's expertise and discretion."
Cogan wrote: "This case concerns state and federal guidance addressing workplace safety during a pandemic for which there is no immediate end in sight. Regulating in the age of Covid-19 is a dynamic and fact-intensive matter fraught with medical and scientific uncertainty. There is room for significant disagreement as to the necessity or wisdom of any particular workplace policy or practice."
"Courts are not expert in public health or workplace safety matters, and lack the training, expertise, and resources to oversee compliance with evolving industry guidance," he added.
Cogan mentioned that the employees have not made an application to OSHA.
In reaction to the decision, the legal team for the plaintiffs said: "The Court's decision to grant Amazon's motion to dismiss the claims of workers at the company's JFK8 facility is devastating for the health and safety of Amazon workers nationwide."
"The Court's deference to the Occupational Safety & Health Administration should be very concerning to anyone who cares about the health of American workers, given that OSHA has been virtually AWOL throughout this crisis," the legal team added as they consider appealing the decision.
Meanwhile, Lisa Levandowski, an Amazon spokesperson, said: "Nothing is more important than the health and safety of our employees, which is why at the onset of the pandemic we moved quickly to make more than 150 COVID-19 related process changes. And, we continue to innovate, learn, and improve the measures we have in place to protect our teams."
