COVID-19 & Staff Safety – Guidance for Employees and Managers

by CMF on August 03, 2020

For employees, Capitol Hill is a most unusual workplace. Raising concerns about anything from sexual harassment to workplace safety have often been considered inappropriate (at best) or a quick ticket to unemployment (at worst). But just as we saw with when the #Me-Too movement hit Congress with examples of sexual harassment, this may be a “teaching moment” for Congress with regards to workplace safety.

Employees should know they have some rights and protections. The Congressional Accountability Act (CAA), passed by a Republican Congress and signed into law by a Democratic President in 1995, states the Congress is subject to the Occupational Health and Safety Act of 1970. The General Duty Clause of the Act requires employers to furnish to each worker "a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm." The CAA established an office now called Office of Congressional Workplace Rights. OCWR has made recommendations to Congress that employees may wish to pass on to managers. Additionally, OCWR has a process for congressional employees to anonymously request and health and safety inspections if they believe their safety is in danger.

However, congressional employees need to keep in mind they work in a political environment. Some Members may not respond positively to being notified that a health and safety inspection has been initiated. The first step for employees may be to discuss your concerns with others in the office. If enough staff believe that CDC, OCWR, and Office of Attending Physician recommendations are not being followed, it might be enough to prompt action from management.

For managers, there are both managerial and legal issues to consider. Managers who are not taking actions to protect employees should consider these long-term impacts. You are sending a signal that you do not take the health or safety of staff seriously, or that political implications are more important. This not only will affect employee retention this will also affect your ability to recruit future employees.

Legally, just as Members of Congress can be sued for sexual harassment by employees, there may be liability issues related to workplace safety. It is unclear whether Members of Congress (like any employer subject to OSHA requirements) can be sued by employees on matters related to COVID-19. Managers who are in offices that are not strictly following the guidelines suggested by the CDC, OCWR, and the Office of Attending Physician would be wise to contact either the House or Senate employment counsel’s office to assess your degree of potential exposure.

Members of Congress and senior managers should also consider the mental health and well-being of their employees during this crisis. Congressional staff are managing unprecedented levels of constituent demands, many working remotely, and experiencing same concerns of all Americans about their own and their families’ health and well-being. You can’t turn into clinical psychologists overnight. Yet you can alert staff that help is available the offices of employee assistance in the House and Senate.

Finally, CMF has created a “Coronavirus Resource Center” for Congress. It includes a variety of resources on workflex arrangements tools, how to manage stress, and creative ways to interact with constituents. If any employer or manager has a question about managing and working in Congress during this pandemic and wish to ask a question or have a confidential conversation with a CMF staff member, please contact us by sending an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

RESOURCES REFERENCED IN THIS BLOG

The Congressional Management Foundation sent this letter and list of resources to Capitol Hill staff on Sunday, August 2, 2020.

 
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