East Bay Times

States’ job site data differs

California employs patchwork in contrast to Oregon’s policy

- By Laurence Du Sault ldusault@bayareanew­sgroup.com

California and Oregon were lauded for their early responses to the pandemic, with swift and broad shutdowns and stringent mask requiremen­ts aimed at slowing the spread of coronaviru­s. In reopening their economies, both states imposed rigorous requiremen­ts for masks and face coverings.

But eight months into the public health crisis, the neighborin­g states have made starkly different choices on tracking and reporting workplace outbreaks — decisions that shape how much the public knows about the spread of coronaviru­s as hot spots appear at meat- packing plants, warehouses and other essential worksites.

Since May, Oregon has used a centralize­d tracking system which has enabled health officials there to release weekly reports that list the names and addresses of every known business with at least 30 employees where five or more positive COVID-19 cases are identified. For outbreaks of more than 20, the state issues special daily reports.

California, in contrast, doesn’t post workplace outbreaks. The state lets its 58 counties handle coronavi

rus data, with wide variety in how each county tracks and reports workplace outbreaks.

The distinctio­n has workers and public health experts worried.

“It’s fundamenta­l data that should be readily available,” said Dr. Melissa Perry, epidemiolo­gist and chair of the Environmen­tal and Occupation­al Health department at George Washington University.

Throughout the pandemic, the Golden State has advised but did not mandate that employers notify workers of positive cases among employees. This means millions of workers in the fifthlarge­st economy in the world receive less informatio­n than they could about whether it’s safe to go to work.

While business groups say it’s not productive to publicly shame companies, public health experts say posting workplace outbreaks would improve tracking and help target response to the virus as pandemic-fatigued residents seek to return to school and work. More than 18,000 California­ns have died from the virus with Latino and Black people infected at a significan­tly higher rate than White and Asian people.

Only a few states, including Oregon, Arkansas, New Mexico and Colorado, do disclose where workers have contracted the virus.

In Oregon, health officials made an early pivot with public support.

State health officials came under heavy criticism last spring in choosing not to disclose two outbreaks at Townsend Farms, a Portlandba­sed fruit company. On May 28, the department made an administra­tive decision to track outbreaks statewide using lab results and data from health care providers. Oregon posts reports that include workplace outbreaks along with those in schools, child care facilities, and senior living and care facilities.

“There was a demand for transparen­cy,” said Oregon Health Authority director Patrick Allen. “We had to shift.”

Today, Oregonians know nearly as much as their public health officials about the number of workers who have died or been infected as a result of workplace exposures. It’s 37 deaths and 8,605 cases.

California­ns don’t know.

“It immediatel­y paints a patchwork quilt picture of data,” said Perry, the George Washington University epidemiolo­gist. “Very incomplete, very selective.”

Oregon has just over a tenth of California’s population, which accounts in part for the state’s low infection rate. But its coronaviru­s case rate is still 1,116 per 100,000, the sixth lowest in the country. California’s rate is more than double that, according to data analyzed by this news organizati­on.

Though it’s difficult to know if Oregon’s reporting contribute­d to a lower fatality rate, officials there believe sharing informatio­n ha s helped. California’s reluctance was on display in Sacramento this legislativ­e cycle as lawmakers pushed for greater transparen­cy. A bill signed in September by Gov. Gavin Newsom aims to give workers timely notice, but a key requiremen­t to disclose worksite outbreaks to the public got stripped from the final draft.

“The opposition was very strong against the bill,” said Assemblyme­mber Eloise Gómez Reyes, D- San Bernardino, who authored it. “They were basically saying, ‘ Trust us, we’ll do the right thing.’”

Her bill, AB 685, initially required the state health department to post online the location of every outbreak. But that provision got struck along with a $ 10,000 penalty for failure to notify workers in a timely fashion.

Because some counties ask businesses to self report outbreaks, local officials say they fear employers won’t participat­e if outbreaks are publicly posted.

Instead of disclosing workplace outbreaks, when the bill takes effect Jan. 1 the California Department of Public Health plans to publish aggregated data by job sectors. The department, which provided “guidance documents” to local health department­s and employers, declined requests for a phone interview and said in an email statement that with regard to informatio­n about coronaviru­s at workplaces, county health department­s “would be the appropriat­e agency to contact regarding outbreaks.”

Business groups led by the California Chamber of Commerce call disclosure a “name and shame” tactic, noting employers aren’t always to blame for virus outbreaks. Diane O’Malley, a lawyer at Hanson Bridgett, a San Francisco- based firm which represents employers, said California’s new law is a “backdoor way of getting where Oregon is without making it so splashy.”

But things in Oregon weren’t that splashy. Some individual businesses were upset at health officials’ decision to disclose, but “mostly the organizati­onal pushback was gentle,” said Allen, the state health director.

“Oregon’s smaller, we all know each other personally,” said Sandra McDonnough, president and CEO of Oregon Business and Industry, adding that businesses felt heard after several conversati­ons with the state. Still, McDonnough worried disclosure might act as a disincenti­ve for workers and businesses to get tested.

Allen believes transparen­cy has built confidence. And to protect patient privacy, Oregon only posts known infections — not deaths — by employer. Perhaps an indirect measure is how comfortabl­e workers feel about filing complaints with their state workplace safety agency: California has received about 7,300 pandemic-related complaints so far, compared with 11,600 in Oregon.

“People know what’s going on,” Allen said. “They don’t feel like anything is being hidden.”

Ca lifor nia , on the other hand, continues to debate workplace disclosure in county board meetings.

In Sonoma County, residents are demanding coronaviru­s updates include locations of workplace infections even though the local health officer says that informatio­n would add little value since people should be cautious wherever they go.

Last month, it took the Santa Rosa Police Department two weeks before notifying Cal/OSHA that an employee had died after contractin­g COVID-19 at work. And surveys have shown many workers don’t think their employers will notify them.

Although Los Angeles County posts currently known workplace outbreaks, most counties do not. But in the Bay Area, some are pushing their own health officials to release more.

“I like to be establishi­ng best practices, not following best practices,” said Supervisor Dave Cortese, who represents San Jose, Milpitas and Sunnyvale. “It shows somewhere along the line Oregon made a commitment to transparen­cy. So shame on us.”

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