Oregon employers operating during coronavirus outbreak fuel workers anxiety and confusion – OregonLive

When Californias governor ordered his state shut down to contain the spread of the coronavirus pandemic this month, semiconductor equipment manufacturer Lam Research shut down its Silicon Valley factories and complied.

In Oregon, though, Lam has kept its massive Tualatin plant running and ordered employees to keep reporting for work. The decision confounds Lam technician Michael Borek, who said theres no way he and his colleagues can do their jobs and remain six feet apart, as Oregon Gov. Kate Brown mandated in Mondays stay-home order.

Technicians work in teams around hazardous chemicals and electricity, he said, a basic safety measure to prevent a potentially serious accident. By continuing to work in close quarters, though, Borek said he fears efforts to contain the coronavirus will come to naught and that it could spread widely throughout the factory, and the community.

Lam said it has been four weeks since Borek has been on site and that the company has made significant changes in that time designed to ensure the six-foot separation and has added protective equipment and gear in situations where its not possible to keep workers that far apart.

Lam said its products represent critical infrastructure. The company said it has taken additional steps to keep workers safe by sanitizing their work areas, keeping people apart in the cafeteria and monitoring their temperatures when they come in for work.

My concern is theyre not going to catch something, its going to spread to a lot of people, lots of people are going to get sick, said Borek, 29. I just dont feel safe.

Several dozen workers across a variety of industries reported similar concerns to The Oregonian/OregonLive in the time since Brown issued her Monday order. They complain its inherently impossible to do their jobs and maintain the six-foot buffer from their colleagues that health authorities recommend.

Unlike governors in other states, Brown gave Oregon businesses enormous latitude to decide for themselves whether to close during her indefinite stay-home order. She said some businesses, among them shopping malls, theaters, spas and barbers, must close because their are inherently unable to operate without putting people at risk of spreading the virus.

Many other businesses could remain open but Brown called on those employers to take personal responsibility in ensuring worker safety by keeping employees at least six feet apart.

If they cannot, Brown said, Then those businesses should shut down.

The governor has no firm enforcement mechanism to make sure they are complying, though, or to make businesses close if they dont follow her orders. At various times this past week Brown has designated three different state agencies as responsible for taking complaints about workplace violations.

The confused message concerns workers who fear exposing themselves to the virus, or worry crowded workplaces will thwart efforts to contain the outbreak. The state, meanwhile, says it is fielding many hundreds of complaints daily about alleged social distancing violations. (Oregon is taking complaints here but has yet to conduct any inspections or issue any citations.)

Workers in factories, grocery stores, warehouses, delivery services, restaurants, a flight-training school even the states own Employment Department call center all have said they feel uncomfortable continuing to work during the outbreak. But the employees said they cant afford to quit or take vacation time without knowing how long the outbreak will last.

Most of my coworkers currently believe that we have to choose between showing up or not getting paid unless we have accrued sick time or vacation time, said one Precision Castparts employee, who asked not to be named discussing his employer. There are also fears of retaliation if we do choose to take a leave of absence in order to self-quarantine.

Photos shot at job sites this week and shared with The Oregonian/OregonLive show many apparent violations:

Intel and Precision Castparts couldnt be immediately reached for comment Thursday. Both companies have acknowledged positive coronavirus tests at their Oregon sites in the past week, and both companies have said they are taking steps to ensure their workers remain safe.

Construction has been allowed to proceed in the state of Oregon, as it supports so many other essential businesses such as healthcare and public services, J.E. Dunn vice president Emily Gallagher wrote in an email Thursday. She said Oregons order allows the company to support its contractors and employees with jobs that support their families.

However, we know that there will inevitably be a period of transition as individual behavior is modified and jobsite culture and methods are adjusted, Gallagher wrote. Workers have been doing things a certain way for decades, and changing behavior, although critical, will take some effort.

J.E. Dunn has assigned two people at each jobsite to enforce social distancing, she said, and taken other steps to ensure workers remain safe.

We are committed to being as proactive as we can based on a new normal one that changes daily, Gallagher said.

Washington Gov. Jay Inslee issued a stay-at-home order Monday, shortly after Brown issued hers in Oregon. He followed up Wednesday with a new, more specific directive that Commercial and residential construction is not authorized under the proclamation because construction is not considered to be an essential activity.

Manufacturing and construction are two of Oregons most vital industries and shutting them down would be a severe blow to the states economy, which is already staggering during the coronavirus outbreak. Economists say Oregon faces a severe recession.

While Brown specifically exempted construction and manufacturing from her stay-home order, she said such employers must still take steps to protect their workers. On Tuesday, before Inslee acted, Brown said she didnt see a need to shut down Oregon construction.

The six feet of distancing, telecommuting, that probably doesnt work on a construction site, Brown said. But they also have equipment, from masks and helmets, that should provide a layer of protective gear.

Violators of Browns stay-home order are subject to a misdemeanor citation that could include a $1,250 fine, 30 days in jail or both. But the governor has said repeatedly she doesnt want to use law enforcement to enforce her rules.

I cant have police in every single law office or every single business office around the state of Oregon, Brown said this week. I am asking people to take personal responsibility and act with consideration for your employees and for your customers.

Big Oregon employers that continue requiring workers to report to the job include all the states major grocery chains, many restaurant kitchens that offer takeout or delivery service, construction contractors, and manufacturers large and small among them Intel, Precision Castparts and Boeing.

Boeing shut down its Washington factories on Monday. Like Lam Research, though, it kept its Oregon factories operating.

Lam, which has had as many as 3,000 people working at its Tualatin campus in recent years, said Thursday that The health and safety of our employees remains our highest priority.

To protect our workforce, we have implemented robust workplace protections including enhanced and frequent disinfecting, social distancing controls, and active temperature monitoring, Lam said. We continue to monitor the situation closely to ensure we have the highest health and safety protocols.

A memo that Lam issued to workers late Wednesday, obtained by The Oregonian/OregonLive, appeared to acknowledge the hazards and the need for a fix.

We have too many people in the cleanroom and not enough controls for keeping physical distance between employees, the memo read. The note from a supervisor instructed employees to take the day off while supervisors and managers work on social distancing control.

Lam declined to discuss the memo. The company reiterated it has already taken steps to provide safety equipment and spacing within its factory.

The coronavirus has already arrived at many of Oregons largest workplaces. Precision Castparts acknowledged an infected worker last week and Intel said this week a contractor helping build its multibillion-dollar factory expansion in Hillsboro has been infected.

RVP Construction in Ontario shut down Monday after Brown issued her order. The small kitchen remodeler said it learned the next day that one of its employees had tested positive for the coronavirus and now has had seven employees and the family member of one worker become sick.

RVP didnt say whether any of those others have been tested for the virus, but did say in a statement Thursday that All are recovering at home and seem to be over the worst of it.

While highly contagious, the coronavirus presents little risk for most people the vast majority of those infected recover, and many have mild or no symptoms.

The potential consequences of infection, though, are high. Estimates vary widely about the fatality rate but scientists believe COVID-19, the disease caused by the coronavirus, to be significantly more deadly than the flu. It appears especially dangerous for older people and those with underlying health conditions.

Thats why Oregon and many other states have instructed people to stay home during the outbreak. Government officials hope that if they can slow the spread of the virus that will reduce the strain on hospitals and give testing and treatment regimens a chance to catch up.

Oregon has had 317 people test positive for the virus and 11 deaths attributed to COVID-19. The outbreak is much more severe elsewhere, with cases overwhelming hospitals in New York City, Italy and Spain.

Pressed this week for details about how Oregons stay-home order applies, Brown insisted repeatedly she has been very clear that people should stay home and businesses should not operate if they cannot ensure workers safety.

The governors message has been muddled, though, on how workers should respond if they see workplace violations. Her office initially directed workplace complaints to Oregons Occupational Safety & Health division (OSHA), but on Tuesday the governor said concerns should go to the Oregon Employment Department. On Wednesday, the governor said workers should direct concerns to the states Bureau of Labor & Industries.

On Thursday, shortly after this article posted, the governors office said complaints and coronavirus safety violations should go only to Oregon OSHA, not to the other state agencies.

OSHA said it is taking hundreds of complaints per day, but said it has yet to perform any inspections or write any citations.

The governor ordered restaurants and bars to close last week, but allowed them to continue offering delivery and takeout meals. Andy Ricker, owner of Portlands renowned chain of Pok Pok restaurants, opted Wednesday to close his businesses altogether. His decision followed the death of a fellow chef, Floyd Cardoz, and Ricker said he wished he had acted sooner.

Keeping our kitchens open is a microcosm of the tension between the economy and public health that is playing out on the world stage. The fact is, we all need to stay at home to stop the spread of Covid-19, all of us, now, Ricker wrote in a letter to employees.

Pok Pok is a restaurant, not a hospital, not a fire station, not a police station, not a vital food delivery service, He wrote. Though it is nice to have a familiar food available during this time of isolation people do not need fish sauce wings to survive.

This article has been updated with additional comment from Lam Research.

-- Mike Rogoway | mrogoway@oregonian.com | twitter: @rogoway |

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Oregon employers operating during coronavirus outbreak fuel workers anxiety and confusion - OregonLive