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 April 23, 2020

Via U.S. Mail & Email

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Mr. Terry Reynolds
Director of Department of Business and Industry
Division of Industrial Relations
Occupational Safety and Health Administration
3360 West Sahara Avenue
Suite 200
Las Vegas, Nevada 89102

Re: Request for Formal Investigation and Work-Site Visits to Ensure Safe Work
Environment for Frontline Healthcare Workers

Dear Mr. Reynolds:

This office is legal counsel for Service Employees International Union, Local 1107
(“Local 1107”) which is the exclusive bargaining agent for both public and private employees
throughout Nevada including frontline healthcare workers at multiple Hospitals in the state.
Specifically, Southern Hills Hospital and Medical Center, Sunrise Hospital and Medical Center,
MountainView Hospital, Valley Hospital Medical Center, Desert Springs Hospital Medical
Center in the Las Vegas area, as well as Renown Regional Medical Center in Reno, and
Northeastern Nevada Regional Hospital in Elko. In recent weeks during the ongoing COVID-19
crises, Local 1107 has been made aware of numerous instances of employer practices at the
above-referenced Hospital’s that Local 1107 believes are unsafe to its members and the public at
large. Specifically, The General Duty Clause, Section 5(a)(1) of the Occupational Safety and
Health (OSH) Act of 1970 , 29 USC 654(a)(1), requires employers to furnish to each worker
"employment and a place of employment, which are free from recognized hazards that are
causing or are likely to cause death or serious physical harm." However, Local 1107
believes this is not being followed. Examples include but are not limited to:

1. 29 CFR 1910 Subpart I require using gloves, eye, face protection and respiratory
protection when job hazards warrant it. However, Local 1107 has been made
aware that frontline healthcare workers have been required to reuse protective
equipment that is meant for single use. Additionally, and for example,
Respiratory Therapists as well as Registered Nurses are not being provided with
Powered Air Purifying Respirator’s (“PAPRs”) despite being in direct and close
contact with confirmed COVID-19 patients.

2. Part G of the Ryan White HIV/AIDS Treatment Extension Act of 2009 requires
providing Emergency Response Employees (“ERE”) with notification when they

may have been exposed to potentially life-threatening infectious diseases while

responding to victims during an emergency. However, despite this clear mandate,
Local 1107 has been made aware of several instances in which healthcare workers
have been exposed to patients who have exhibited all the signs of COVID-19
infection and are never informed whether or not the patient did or did not have
COVID-19. In fact, Local 1107 is aware of instances of healthcare workers
encountering patients exhibiting COVID-19 symptoms during the course of
performing their job duties, never being provided with any information regarding
the patient’s diagnosis and then subsequently being diagnosed themselves with
COVID-19. This notification requirement is not just for the safety of the
healthcare workers themselves but is clearly intended to protect their family’s and
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 the community at large and the employers’ failure to provide said notification is
unacceptable.

3. Additionally, Local 1107 is aware of healthcare workers who themselves, or have

family members that are in an at risk category for COVID-19 complications and
hospitals are requiring these employees to treat and/or work within the vicinity of
COVID-19 patients despite the hospitals being aware of the employees’ or their
immediate family members at risk status.

Apparently, despite numerous safety complaints filed with OSHA, Local 1107 has been
made aware that OSHA is not conducting on-site inspections and the investigations are limited to
written inquiries. Local 1107 believes this manner of investigating complaints is inadequate to
ensure the health and safety of our frontline healthcare workers as well as the community at
large. Therefore, Local 1107 hereby formally requests OSHA to conduct on-site inspections at
these hospitals. Should you have any questions or comments regarding this matter, please do not
hesitate to contact me.

Very truly yours,

Paul D. Cotsonis

cc: via email only

Ms. Grace Vergara-Mactal
Mr. KC Snodgrass
Mr. Sam Shaw

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