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Labour Administration Convention, 1978 (No. 150) - United States of America (RATIFICATION: 1995)

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The Committee takes note of the Government’s report and the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee notes the information provided by the Government in its report regarding various measures taken in 2020 in the COVID-19 context and related to labour administration, including the adoption of the Coronavirus Aid, Relief, and Economic Security Act and the Families First Coronavirus Response Act.

The Committee also notes the observations of the American Federation of Labour and Congress of Industrial Organizations (AFL CIO), received on 1 October 2020.

Articles 4 and 5 of the Convention. Effective operation of the labour administration system with properly coordinated functions and responsibilities. Consultation, cooperation and negotiation between public authorities and social partners. The Committee notes the information provided by the Government concerning the activities of the Occupational Safety and Health Administration (OSHA) under the Department of Labour. The Government indicates that the mission of OSHA is to promote safe and healthful working conditions for workers by setting and enforcing standards. The Government states that the OSHA has developed a series of guidance documents and outreach materials in response to the COVID-19 pandemic, as well as a number of alerts, a booklet produced jointly with the Department of Health and Human Services, and other materials to help workers and employers, including in the sectors where exposure to the virus is most likely. The Government further indicates that, in addition to the outreach, OSHA responded to several thousand COVID-19 related complaints from workers in a broad array of industries.

The Committee also notes the observations of the AFL CIO, alleging that the Government has not fulfilled its responsibilities in many areas of labour administration, including gaps in laws, administrative rules, enforcement, tripartite consultation, budget and OSH. According to the AFL CIO, OSHA’s failures in the context of the COVID-19 pandemic include its refusal to issue regulations or emergency temporary standards on infectious diseases, its issuance of voluntary guidance only (which creates no legal obligation for employers or penalties for non-compliance), and its failure to ensure the enforcement of existing OSH standards, including acting on complaints received. The AFL CIO also refers specifically to the high number of infections among farmworkers, including a high proportion of migrant workers, as they continue to work during the pandemic. In addition, the AFL CIO alleges that the OSHA has failed to bring together employers and unions in tripartite discussions to address the COVID-19 crisis, in violation of Article 5 of the Convention. Lastly, the AFL CIO criticizes the effective operation of labour administration with respect to the actions and decisions of the National Labour Relations Board, for failing to create an enabling environment for industrial relations and bargaining. The Committee requests the Government to provide its comments in this respect.

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The Committee notes the detailed information provided by the Government in its reports. It requests the Government to provide additional particulars on the following point.

Article 7 of the Convention. The Committee notes the Government's indication that this Article of the Convention generally is not applicable to the United States and that, in any event, the listed categories of workers, where they exist, are not excluded from appropriate functions of the system of labour administration. The Government states that, for example, agricultural workers are excluded from federal labour relations coverage, but that other legislation such as fair labour standards, occupational safety and health protection, and social security benefits may extend to them. The Committee would appreciate if the Government would provide details of any extension of the functions of the system of labour administration to include activities relating to the conditions of work and working life of the categories of workers referred to under Article 7(b) and (d), as well as details of any activities carried out.