Here's Why

Started by Buzz, October 13, 2020, 07:00:13 PM

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Buzz

Many of us have taken issue with the fact that there have been no notifications regarding COVID cases at Pioneer.

Talked to Ernie about this last night and believe me, it's not because the union doesn't recognize everybody's concern. They certainly do.

The fact is, lawyers for both the union and Pioneer have advised their respective clients that naming names of infected employees  could leave them vulnerable to lawsuits.

According to ADA law, "The ADA requires that an employer keep all medical information about employees confidential, even if that information is not about a disability.   Clearly, the information that an employee has symptoms of, or a diagnosis of, COVID-19, is medical information."

Source: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws

Furthermore, under FMLA law, "Under the FMLA, an employer may not reveal confidential medical information about the employee taking the leave."

Source: https://www.spigglelaw.com/employment-blog/possible-fmla-violation-employer-discloses-employees-medical-condition/#:~:text=Under%20the%20FMLA%2C%20an%20employer%20may%20not%20reveal,sue%20an%20employer%20for%20this%20breach%20of%20confidentiality.

So, clearly it's not that the union or the company doesn't want to inform us, it's just illegal for them to do so.

The real problem here is, again, lack of communication in making us aware of these things. And if it weren't for Ernie, we still wouldn't know.
I am patient with stupidity, but not with those who are proud of it.

faceit

All lives matter

fred

no field trips no late schools few kids on bus not a bad time to be driving a bus. just stay away from other drivers get your card get on your bus wear your mask & risk is extremely low. unfortunately everything in life comes with risk.we should all be happy we are working in the summer we where worried about a master pick or only special ed runs


Hammer2161

Listen I get all the legal mumbo jumbo and all that shit. But contact tracing was put in place just for that reason. No one is asking Pioneer or 1181 to name anyone but it is the companies responsibility to reach out to the people the feel might have come in contact with someone who has tested positive and advise them to be tested and to stay home for 14 days with pay. And that is the real issue they don't want to have to pay someone just because they might have come into contact with someone who tested positive.

If you go out to eat and you choose to eat inside you must leave a name and phone number for that very reason. All they will do is notify you if someone tests positive, they will not release names just advise.

I understand that it's a very touchy subject and that there are people who sit on both sides of the fence regarding caring about being notified or not being notified at all. But I am willing to bet dollar to doughnuts that if anyone notifies either 311 or OPT  this will surely be investigated. I can understand not giving out names doing nothing when someone tests positive is unacceptable.

Hammer2161

I tried clicking through and reading the laws and articles that Buzz posted and to the best of my knowledge I am more confused than before I started. The more links you click the more double talk you seem to get. It just seems like a bunch of rhetoric to cover the employers asses.

A simple Temperature check every morning might help to put a lot of people's minds at ease. Just saying

LMAO

Buzz stop being a double agent ;D they can easily put out the # of cases at pioneer without names that's not breaking any laws !  Also if a school closes due to COVID  some info !  hey it's right up there with disinfectant the buses every night  :head_wall:

WigWag16

Not buying it....other company's in New York, Jersey and all around the world are letting employers know who and how many have tested positive, but we can't.....🧐

Buzz

Quote from: Hammer2161 on October 13, 2020, 10:57:38 PM
Listen I get all the legal mumbo jumbo and all that shit. But contact tracing was put in place just for that reason. No one is asking Pioneer or 1181 to name anyone but it is the companies responsibility to reach out to the people the feel might have come in contact with someone who has tested positive and advise them to be tested and to stay home for 14 days with pay. And that is the real issue they don't want to have to pay someone just because they might have come into contact with someone who tested positive.

Glad you brought that up. Actually, it's the company's responsibility to notify the DOE and it is then the city's responsibility to do the contract tracing. That's the way it's supposed to work, anyway.

And, by the way, if the company does not report cases to the DOE, the union has told they THEY will.
I am patient with stupidity, but not with those who are proud of it.

Buzz

Quote from: LMAO on October 13, 2020, 11:42:35 PM
Buzz stop being a double agent ;D they can easily put out the # of cases at pioneer without names that's not breaking any laws !  Also if a school closes due to COVID  some info !  hey it's right up there with disinfectant the buses every night  :head_wall:

Man, can you stir it!  ;D

I don't really know what purpose putting out the number of cases would serve, but, okay.

I saw a sign in the window today that IS 72 is closed.

The buses do get disinfected every night, as far as I know.

I am patient with stupidity, but not with those who are proud of it.

Buzz

Quote from: WigWag16 on October 14, 2020, 12:01:49 AM
Not buying it....other company's in New York, Jersey and all around the world are letting employers know who and how many have tested positive, but we can't.....🧐

What companies?
I am patient with stupidity, but not with those who are proud of it.

WigWag16

Quote from: Buzz on October 14, 2020, 01:07:12 AM
Quote from: WigWag16 on October 14, 2020, 12:01:49 AM
Not buying it....other company's in New York, Jersey and all around the world are letting employers know who and how many have tested positive, but we can't.....🧐

What companies?

Any job in America and around the world lol. If someone tests positive the companies let their employers know about it, not by yard talk