QUESTION
Contractor in Phase 4 of New York Forward Reopening plan asked to work in Phase 4 without adequate PPE
Asked on Jun 08th, 2020 on Labor and Employment - New York
More details to this question:
I am a musician and educator. I teach one-on-one saxophone, flute and clarinet lessons at a music school in Westchester County, New York. The school claims it is classified as a Phase 2 business, but all of it's teachers are independent contractors in the field of arts and education, and therefore listed under phase 4. We were told today that we must return to teach at the physical location starting June 15th or face being replaced by contractors who are willing to flout regulations. Further it is impossible to play or teach woodwind instruments whilst wearing a mask, so I have also been asked to work without wearing requisite PPE. Do I have any recourse as an independent contractor? Are there any repercussions for the business?
1 ANSWER
Interesting question. Have you called your physician? If you have any underlying conditions, are older, or vulnerable you may request an accommodation under either the NYS Human Rights Law or the ADA.
Every employer has to comply with its general duty to provide a safe workplace under OSHA. But OSHA has guidelines not independent actions which individual employees pursue.
String instruments are different from horns which require deep breathing which enhances the possibility of inhaling viruses. Ask your doctor.
Make sure you communicate closely with HR and explain your concerns. Take notes. Keep records. There have not been that many COVID-19 lawsuits yet but that will likely change.
Ask the employer for a copy of their safety guidelines for COVID-19. Every employer should have some by now. What extra cleaning and disinfectation will they be performing? You need all that information for your doctor.
You will also want to call employment lawyers to follow up before you make final decisions. These are fluid times. Nothing is certain. Good luck. Watch some employment law reality check videos on YouTube.
Answered on Jun 09th, 2020 at 6:13 AM