YOUTREACH BU 18 employees accept first doses of the newly released - COVID-19 vaccines Page 10 - CAPT
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OUTREACH
January/February
2021
BU 18 employees
accept first doses
of the newly released
COVID-19 vaccines Page 10
State’s revenue forecast
brighter than previously
anticipated Page 12
psychtechs.net
California Association of Psychiatric Technicians
Volume 38, Issue 1
&
January / February 2021
Christine Caro, Editor and Layout Designer
Carol Wiesmann, Managing Editor
Reminders CAPT is represented by
Lyles, Wiesmann, Pizzotti and Associates, Inc.
IMPORTANT INFO Imagesetting and Printing by
CPS Publications and Mail Services
2021 CAPT Board Meetings Sacramento, CA
CAPT’s policies require publication of the dates and locations of the Outreach is the official publication of
quarterly meetings of the statewide Board of Directors. The meeting the California Association of Psychiatric
dates for the 2021 statewide quarterly meetings are provided below: Technicians and is printed at least six times
each year.
March 19-10 May 18-19 August 10-11 December 7-8 Outreach is published by:
Mid-state CA Sacramento Southern CA Sacramento CAPT Headquarters
1220 ‘S’ Street, Ste 100
Due to the COVID-19 pandemic, the meetings will be held via video Sacramento, CA 95811-7138
conference until further notice. For more information, please contact Phone: Toll Free (800) 677-CAPT (2278)
State President Eric Soto at eric.soto@psychtechs.net. In addition to or locally at (916) 329-9140
regular meetings, special meetings are called if necessary. Board meetings CAPT is a non-profit corporation serving as
are open to all members. the exclusive representative of all employees
in Psychiatric Technician Bargaining Unit 18
It’s tax time again! in California State Civil Service.
CAPT is also the professional association for
Did you know that a portion of your dues are tax-deductible? Read our all California Psychiatric Technicians.
story on page 23 to determine how much you can deduct for 2020!
Planning to retire soon?
How to reach us ...
Don’t forget that CAPT offers its retired members in-
surance benefits similar to what it provides its active CAPT Sacramento Headquarters
members. As a retired member, CAPT will continue to Toll Free (800) 677-CAPT (2278)
provide -- $5,000 in Accidental Death and Dismember- or (916) 329-9140
ment coverage and $5,000 in Life Insurance -- without (916) 329-9145 (Fax)
any age term.
You may contact your state and chapter officers directly. Their contact
information is listed on the following page. If a voicemail is left on their
IMPORTANT: For your insurance to continue after cell or if you send an e-mail or text, be sure to leave your name, work
your retirement -- for only $5 per month -- you must location, and phone number, as well as a short explanation of your issue.
contact CAPT Headquarters at (800) 677-2278 within
31 days of the last day in the month in which you Going mobile? Take CAPT with you!
retired. If you fail to do so, your policy will lapse and
CAPT’s popular www.psychtechs.net website – and all of
cannot be reinstated. its professional and union information – is here for you when
you’re on the go! Our site automatically optimizes to suit
psychtechs.net your mobile device, and you can download our “CAPTApp”
for your mobile device as well. Check these helpful tools out
today!
Check out our catastrophic leave list on our website.
Keep abreast of what’s happening! CAPT updates
us at: twitter.com/psychtechs
its website frequently, making sure you have current
information on state, department, and CAPT news, and follow some of our chapters on
at your facility and statewide.
2 - January / February 2021
Volume 38, Issue 1
&
January / February 2021
Christine Caro, Editor and Layout Designer
Carol Wiesmann, Managing Editor
Reminders CAPT is represented by
Lyles, Wiesmann, Pizzotti and Associates, Inc.
IMPORTANT INFO Imagesetting and Printing by
CPS Publications and Mail Services
2021 CAPT Board Meetings Sacramento, CA
CAPT’s policies require publication of the dates and locations of the Outreach is the official publication of
quarterly meetings of the statewide Board of Directors. The meeting the California Association of Psychiatric
dates for the 2021 statewide quarterly meetings are provided below: Technicians and is printed at least six times
each year.
March 19-10 May 18-19 August 10-11 December 7-8 Outreach is published by:
Mid-state CA Sacramento Southern CA Sacramento CAPT Headquarters
1220 ‘S’ Street, Ste 100
Due to the COVID-19 pandemic, the meetings will be held via video Sacramento, CA 95811-7138
conference until further notice. For more information, please contact Phone: Toll Free (800) 677-CAPT (2278)
State President Eric Soto at eric.soto@psychtechs.net. In addition to or locally at (916) 329-9140
regular meetings, special meetings are called if necessary. Board meetings CAPT is a non-profit corporation serving as
are open to all members. the exclusive representative of all employees
in Psychiatric Technician Bargaining Unit 18
It’s tax time again! in California State Civil Service.
CAPT is also the professional association for
Did you know that a portion of your dues are tax-deductible? Read our all California Psychiatric Technicians.
story on page 23 to determine how much you can deduct for 2020!
Planning to retire soon?
How to reach us ...
Don’t forget that CAPT offers its retired members in-
surance benefits similar to what it provides its active CAPT Sacramento Headquarters
members. As a retired member, CAPT will continue to Toll Free (800) 677-CAPT (2278)
provide -- $5,000 in Accidental Death and Dismember- or (916) 329-9140
ment coverage and $5,000 in Life Insurance -- without (916) 329-9145 (Fax)
any age term.
You may contact your state and chapter officers directly. Their contact
information is listed on the following page. If a voicemail is left on their
IMPORTANT: For your insurance to continue after cell or if you send an e-mail or text, be sure to leave your name, work
your retirement -- for only $5 per month -- you must location, and phone number, as well as a short explanation of your issue.
contact CAPT Headquarters at (800) 677-2278 within
31 days of the last day in the month in which you Going mobile? Take CAPT with you!
retired. If you fail to do so, your policy will lapse and
CAPT’s popular www.psychtechs.net website – and all of
cannot be reinstated. its professional and union information – is here for you when
you’re on the go! Our site automatically optimizes to suit
psychtechs.net your mobile device, and you can download our “CAPTApp”
for your mobile device as well. Check these helpful tools out
today!
Check out our catastrophic leave list on our website.
Keep abreast of what’s happening! CAPT updates
us at: twitter.com/psychtechs
its website frequently, making sure you have current
information on state, department, and CAPT news, and follow some of our chapters on
at your facility and statewide.
2 - January / February 2021
o
State President Eric Soto
CAPT BOARD OF DIRECTORS
CAPT Southern Regional Office/Training Center
13085 Central Ave., #7, Chino, CA 91710
Mail to: 1220 S Street, Suite 100
Sacramento, CA 95811-7138
(909) 364-2486 / (909) 214-4298 (Cell) / eric.soto@psychtechs.net
State Vice President: Paul Hannula (see Atascadero listing)
State Secretary-Treasurer: Jaime Garcia (see Coalinga listing)
CHAPTER PRESIDENTS
Atascadero: Paul Hannula
4401 El Camino Real, Ste. K
Index
Atascadero, CA 93422-2708
(805) 235-7832 (Cell) / captashpts@gmail.com
(805) 460-6131 (Office) / (805) 861-2390 (Fax)
Coalinga: Jaime Garcia
578 E. Elm St., Coalinga CA 93210
Mail to: PO Box 933, Coalinga, CA 93210-0933
(559) 978-1582 (Cell) / captcoalingachapter@gmail.com COVER: As essential front-line healthcare workers, BU 18
(559) 961-4467 (Fax)
employees take the proactive step to stop the spread and
Community Facilities: Donald Cofer save lives by receiving their priority COVID-19 vaccine. At
Mail to: c/o CAPT press-time, CDCR reported 49,035 total confirmed inmate
1220 S St., Ste. 100
Sacramento, CA 95811-7138 patient cases of COVID-19 with 210 deaths and 15,706 staff
(909) 583-7786 (Cell) / dcofer37@yahoo.com cases with 25 deaths. DSH reported 1,861 confirmed patient
cases with approximately 72 deaths and approximately 1,933
Northern Corrections: Kim Souza
Mail to: 1000 Lincoln Road STE H. PMB 207 staff cases. Staff deaths were not reported.
Yuba City, CA. 95991
(916) 955-4807 (Cell) / Kim@kimsouza.com 4 State President's View: The Labor Movement, our
history and the power of solidarity
Southern Corrections: Walter Lewis 5 2021 Contract Enhancements
Mail to: P.O. Box 917
Fullerton, CA 92836 6 BVNPT EO welcomes 2021, discusses changes and
(760) 520-5159 (Cell) / waltlewissocalprez@yahoo.com gives important reminders
Fairview-STAR (North/South): Randy Tyer 7 Under our Scope: The law says Psych Techs
Office in Employee Org. Rm. practice under direction, but...
PO Box 2796, Costa Mesa, CA 92628-2796
(714) 612-4072 (Cell) / randy_tyer@hotmail.com 8 COVID-19 related ATO expired 12/31/20
(714) 957-5332 (Office)
9 Pandemic-driven recession and new labor stats
Metropolitan: Carlos (Chuck) Garcia highlight union efficacy
Metropolitan State Hospital, 11401 Bloomfield Ave., Norwalk, CA
Mail to: PO Box 59569, Norwalk, CA 90652-0569 10-11 Stopping the spread and saving lives one vaccine at
(626) 644-8030 (Cell) / captmetrochapter@gmail.com a time
(562) 286-8007 (Fax)
12-14 State Budget Highlights
Napa: Chris Cullen
Cullen
PO Box 10906, Napa, CA 94581-2906 15 Contract Highlight: Survivors’ benefits
(707) 363-2667 (Cell) / captnsh@gmail.com
(707) 736-7022 (Fax) 16 BVNPT updates licensee guidance on COVID-19
vaccine complaints and discipline
Patton: Sylvia Hernandez
2544 E. Highland Ave., Highland, CA 92346 17 State has duty to keep workers safe; Facial hair
Mail to: PO Box 680, Patton, CA 92369-0680 compromises protective seal on respiratory masks
(909) 709-8633 (Cell) / pattonchapter@gmail.com
(909) 864-1610 (Office) / (909) 864-1695 (Fax) 18-21 Studies and Research: OSHA Let Employers
Decide Whether to Report Health Care Worker
Porterville: Kara Johnson Deaths. Many Didn’t
376 North D Street, Porterville, CA 93257-3665
Mail to: PO Box 8703, Porterville, CA 93258-8703 22 Family and Medical Leave
(559) 359-7857 (Cell) / kjohnsonspt@gmail.com
(559) 781-2278 (Office) / (559) 781-4440 (Fax) 22 Expedited Licensure for Refugees, Asylum
Seekers, and Holders of Special Immigrant Visas
Stockton: Toni King
Stockton Metropolitan Airport 23 Publication corrections to the Nov/Dec 2020
5000 South Airport Way, Suite 207 Outreach
Stockton, CA 95206
(916) 914-4818 (Cell) / tonikingcapt@gmail.com 23 CAPT members, did you know a portion of
your 2020 union dues is tax deductible?
2021 January / February - 3
The President’s View
The Labor Movement, our history
and the power of solidarity
CAPT Brothers and Sisters,
Each year as the calendar shifts to February and human rights, people of color, women, immigrants
March (Black History and Women's History month, and the LGBTQ communities still faced exclusion,
respectively), I often reflect on the unions' role, the segregation, and discrimination. It wasn't until the
labor movement, and the struggle for working men and 21st century (although within the labor movement,
women. those with more radical/progressive views had always
advocated for more inclusion) that the labor movement
A union is an organization (collective) of workers (spurred in large part by the activism of these individual
dedicated to advocating for their fellow workers. groups) began fully championing the causes of anti-
Unions struggle to improve wages and working discrimination and civil rights, marriage equality as well
conditions at their workplace. The union engages the as immigration reform.
employer on behalf of the worker through Collective
Bargaining. The workers themselves chose their Union The positive impact of unions is evident in viewing
leadership through democratically held elections. As an what is known as the "union advantage." The Union
independent agent, a worker wields little to no power Advantage is the observation that union members tend
in the employer/employee relationship; however, when to earn higher pay, better benefits, employer healthcare,
many workers band together in solidarity and common retirement/pensions, and other advantages as opposed
cause, they multiply their voice, energy, and influence. to non-unionized workers. For example, only 14% of
non-union workers have pensions as opposed to 68% of
Throughout the history of labor unions, there have union workers having pensions.
often been opposing forces within the movement
regarding racial and gender inclusion. During the 19th The Union Advantage for women is demonstrated by
century, labor unions often excluded workers of color women in union jobs earning on average 30-33% more
and women from their ranks, not to mention immigrants than non-union women workers, and union women are
and unskilled workers. Much of this was caused by more likely to have healthcare than non-union women
pre-existing racial prejudices and cultural views. The (76.7% vs. 51.4%). Among Latino workers, unionization
employing class certainly took advantage by amplifying increases the wages of typical low-wage Latino workers
these views, which encouraged continued division by 20%. Latinas have a yearly differential of $12,844 vs.
amongst the working class. Latinas in non-unionized workplaces. Among African
American workers, the union advantage is evident by
According to the article "For Liberty, Justice, and black workers earning 27% higher than non-unionized
Equality: Unions Making History in America," by the black workers. Unionized Asian and Pacific Islander
end of the 20th century, after the labor movement workers (AAPI) earn 14.3% more than non-union AAPI
had championed economic equality, religious freedom, workers. Unionized AAPI workers are 16% more likely
the environmental movement, and for international to have health insurance and 22% more likely to have
4 - January / February 2021
2021
CONTRACT
Enhancements
Scheduled improvements
outlined below
a retirement benefit than their non-
union counterparts.
The Labor Movement has a With the New Year comes new contract
varied history that we must come improvements, some of which are already
to acknowledge and learn from. The in force, and a new weekend differential
movement allowed racial prejudices, beginning July 1, 2021. Provided below are the
cultural intolerance, and gender bias contract provisions activated this year. If you
(spurred on and encouraged by the have any questions about these new benefits
employing class) to keep us divided, or any other contract-related questions, do
which led to the detriment of not hesitate to contact your local chapter for
working-class interests. My sincere assistance.
hope is that we can all reflect on
and learn from the past struggles of Effective immediately, except in emergency
those that came before us. We must cases, the Mandated Overtime limits in Article
strive to build a better tomorrow
5.1 were reduced from five to four times per
through the unbreakable bonds of
solidarity with all our brothers and
month (Excluding DDS STAR Homes).
sisters.
Additionally and effective immediately,
Solidarity Forever mandated employees who find a volunteer
shall be rotated to the bottom of the overtime
list regardless of how long they work. This 5.1
language was negotiated in a side letter and is
effective from Jan. 1, 2021, through June 30,
2022.
Eric Soto
CAPT State President
(909) 214-4298 Effective July 1, 2021, under Article 4.14,
eric.soto@psychtechs.net employees who work a regularly scheduled
weekend shift will receive an additional fifty-
Friend Eric on cents per hour starting with the PM/3rd Watch
Facebook at shift on Fridays through the NOC/1st Watch
www.facebook.com/ ending on Mondays.
statepres.soto
2021 January / February - 5
BVNPT EO welcomes 2021,
discusses changes and
gives important reminders
With the increased work that our LVNs and PTs are seeing Work with the Board
with the pandemic, I wanted to reach out to everyone. We are currently recruiting LVNs and
First, thank you for the hard work you do every day. PTs for our Expert Witness Program. An
The team at BVNPT appreciates the LVNs and PTs who use expert consultant is a licensed practitioner
their licenses to help others. who possesses technical and professional
Due to the hectic pace of this year, I want to also remind knowledge gained through advanced
everyone of a few things to ensure no one has late fees or education and extensive work experience
allows their licenses to lapse. Please take a moment to: that enables the individual to form a definitive
professional opinion regarding the standard
of care under investigation.
• Ensure your contact information is updated, We are currently recruiting PTs to assist
including a correct mailing address and an email. with the development of the California
We want to keep you informed of the latest news Psychiatric Technician Licensure Exam. We
and issues, and with your email we can reach you are looking for PTs with various levels of
much faster than having to mail a letter. Please experience and from diverse practice settings
remember that BVNPT can and will issue a citation to serve as subject matter experts.
if you do not keep your mailing address up to date.
Board Member Updates
• Ensure you have an understanding of your scope Congratulations to PT Abraham Hill and
of practice and call us if you have any questions. LVN Tara Rooks who were recently appointed
The Board recently posted a precedential decision to the Board. Congratulations to Carel
on our website about an LVN’s scope of practice Mountain, LVN/Education Member, Aleta
concerning her conduct in relation to her operation Carpenter, Public Member, and Ken Maxey,
and performance of treatments at a skin care salon Public Member, for their reappointment to
and related medical spa. The LVN administered the Board.
Botox, Juvederm, and Kybella injections; performed Best wishes for a wonderful 2021, and
platelet rich plasma therapy and vitamin drips please stay safe out there!
when she was not certified; performed skin growth
removal procedures; and injected glutathione: all Sincerely,
procedures which were beyond her scope of practice. Elaine Yamaguchi
Executive Officer, Board of Vocational Nursing
• Ensure that you do not let your Continuing and Psychiatric Technicians
Education (CE) lapse during this pandemic. There
are many online ways to take trainings that count
toward your required CEs.
6 - January / February 2021
Under our scope
The law says
► Direct responsibility for the application
of interpersonal and technical skills in the
observation and recognition of symptoms and
reactions of recipients or patients, for the accurate
Psych Techs
recording of such symptoms and reactions,
and for the carrying out of treatments and
medications as prescribed by a licensed physician
and surgeon or a psychiatrist. [Emphasis added.]
practice under So if an order is put forward by a supervisor
that seems odd, new, unusual or questionable,
we also are directly responsible for verifying the
direction,
information and directions, such as by double-
checking charts, treatment plans or doctor’s
orders. Blame won’t all fall on supervisors and
their licenses if we don’t act: If supervisors are
but...
mistaken or flat-out wrong about something,
that’s on their license if trouble ensues; but
if we don’t make a reasonable effort to verify
such things as sudden and unusual changes in
treatments or procedures that they tell us about,
that’s on our license.
As stated in California Business and Professions Code
Section 4502, “The Psychiatric Technician in the If you do as your license requires – and as
performance of such procedures and techniques is patients’ safety depends upon – and double-
responsible to the director of the service in which his check changes in treatments or programs, only
duties are performed.” to meet with hostility or retaliation, contact your
chapter office immediately for assistance.
However, as the California Board of Vocational
nursing and Psychiatric Technicians reminds us, while
Psych Techs do operate under the direction and
responsibility of another professional, that chain of For questions on Psychiatric Technician scope-
command doesn’t alleviate us from our professional of-practice issues, contact the BVNPT’s scope
responsibility to question, follow-up, find out more of practice office via email at bvnpt.sop@dca.
and check on issues put forward by supervisors that ca.gov or contact CAPT Headquarters at (800)
we feel merit further investigation. 677-2278.
Our licensure law also states that Psychiatric
Technicians have:
► Direct responsibility for administering or
implementing specific therapeutic procedures,
techniques, treatments, or medications with the aim
of enabling recipients or patients to make optimal use
of their therapeutic regime, their social and personal
resources, and their residential care.
2021 January / February - 7
COVID-19 related ATO
expired 12/31/20 As you may already know, the COVID-19
What options do I have? related leave provisions afforded to
employees through the Families First
Coronavirus Response Act (FFCRA) expired
December 31, 2020. Although California
moved to exempt Psych Techs and other
essential healthcare personnel from the leave
benefit, CAPT was successful in convincing the
state to deliver an alternative extended paid
leave benefit in the form of Administrative
Time Off for BU 18 employees. As a result,
Psych Techs were eligible to receive up to 14
calendar days of ATO if they could not work
due to a COVID-19 related quarantine. The
leave program’s duration was tied to the
expiration of the FFCRA and is, therefore, no longer active. Neither CalHR nor the Governor’s Office has
offered to extend the program.
CAPT has learned through our leave specialist’s diligent work, Tessa Hannula, that the departments have
since approved some members’ ATO applications. This suggests the departments may be utilizing some
discretion on a case-by-case basis to approve ATO.
Given this information, CAPT encourages you to apply for ATO for your COVID-19
related illness/quarantine. If your ATO is denied, you may still apply for workers’
compensation if your illness was contracted as a result of your work. In any case, CAPT
encourages members to utilize CAPT for assistance in any COVID-19 related matter.
Contact your local chapter or Tessa directly by email at tessa.fmla@yahoo.com.
8 - January / February 2021
Pandemic-driven recession
and new labor stats
highlight union efficacy
For the first time in over a decade, the among industries and sectors that employ non-
U.S. Bureau of Labor Statistics (BLS) reported unionized staff. The decline in total employment
overall growth in union membership from was 9.6 million – or 6.7 percent of the workforce.
2019 to 2020. 10.8 percent of the workforce The decline in employment was disproportionately
were members of a union in 2020, up from weighted against non-union jobs, resulting in an
10.3 percent in 2019. The BLS Jan. 22, 2020 overall increase in union jobs.
report reads in part: The data reveals that unionized workers had
"In 2020, the percent of wage and salary a greater advantage against suffering a job loss
workers who were members of unions— during the coronavirus recession. Currently, union
the union membership rate—was 10.8 workers take up a proportionately larger part
percent, up by 0.5 percentage point from of the remaining workforce, representing the
2019, the U.S. Bureau of Labor Statistics first percentage increase in unionized workers'
reported today. The number of wage and proportion since 2008 or after the housing bubble
salary workers belonging to unions, at 14.3 recession.
million in 2020, was down by 321,000, or 2.2 The job losses experienced in 2020 due to the
percent, from 2019. However, the decline in pandemic may have given rise to a new renaissance-
total wage and salary employment was 9.6 like era in union growth. Job insecurities, stress,
million (mostly among non-union workers), and healthcare fears, as well as our new-found
or 6.7 percent. The disproportionately large appreciation and reliance on the essential
decline in total wage and salary employment workforce, has increased the favorability of unions
compared with the decline in the number and their efficacy in the workplace—that being to
of union members led to an increase in the promote job security, increase wages and benefits,
union membership rate. In 1983, the first foster dignity and respect, and provide safe working
year for which comparable union data are conditions. This new worker-friendly climate and
available, the union membership rate was concern for low-wage earners have set a stage
20.1 percent, and there were 17.7 million for union relevancy and growth that, if fostered
union workers." correctly, can produce a larger, more durable middle
The data shows that the 2020 gains in class.
union membership were not generated by
an increase in the total number of unionized
staff. The number of unionized staff
actually decreased by 2.2 percent in 2020.
The gains in union membership resulted
from scores of pandemic-driven job losses
2021 January / February - 9Shown above from right: Fairview-Star Chapter President Randy Tyer, State
President Eric Soto, State Vice President Paul Hannula, and Napa Chapter
President Chris Cullen
The state began administering the life-saving cost. While he experienced some nausea due to his
COVID-19 vaccine to BU 18 employees on Dec. 22, first shot, he did not experience any side effects after
2020. Initially, the vaccine supply was limited and receiving the booster.
prioritized for distribution at the skilled nursing "I felt fine after receiving my second shot," said
facilities. As more vaccines became available, Chris. "I was able to go for a jog just a couple of
distribution throughout our state prisons, hospitals, hours later!"
and developmental centers opened the opportunity Chris was fortunate. Many people report signs of
for every willing BU 18 employee to get vaccinated. illness for 12 if not 24 hours after vaccination. Even
Numerous BU 18 employees and their CAPT so, a day of discomfort is a small price to pay and
representatives took the proactive step to receive is the assurance that your body's immune system is
their priority vaccine. The testimonials from our CAPT responding well.
brothers and sisters who have completed vaccination As essential healthcare personnel, Psych Techs
are hopeful and encouraging. Many report less anxiety, are among the few who were offered the first doses
stress, and exhaustion due to the peace of mind that of the COVID-19 vaccine. Healthcare personnel is
comes with knowing they are now protected from at a higher risk of infection due to a higher risk of
contracting a severe illness. Napa Chapter President virus exposure. It is critically important to vaccinate
Chris Cullen said his peace of mind came at a minimal front-line healthcare workers to keep the healthcare
10 - January / February 2021Stopping the
spread and
saving lives one
vaccine at a time
Frontline PTs from BU 18 receive
priority COVID-19 vaccine.
Shown above from top: Southern Corrections Chapter President Walter Lewis and
Community Facilities Chapter President Donald Cofer
system operational and intact during this control the spread of a virus that has killed
pandemic. countless individuals, including two of our CAPT
"My primary message to healthcare brothers, Coalinga State Hospital PT Fortune
professionals is to please get vaccinated," said Njoku and Porterville Developmental Center PTA
Dr. Anthony Fauci, Director of the National Phouvanh Inthasone.
Institute of Allergy and Infectious Diseases. "It A recent study conducted by the California
is important to protect yourselves, to protect Health Care Foundation found that 23% of
your family, but as important symbolically, as Californians know somebody who has died of
healthcare providers, to show confidence in COVID-19. The same study reported that 71%
the vaccine so that other people in this country of Californians said they would get the vaccine
follow suit and get vaccinated." once made available.
BU 18 employees have witnessed On Feb. 10, the CDC, released new guidance
firsthand the devastation caused by COVID that fully vaccinated individuals exposed to
as it spread throughout our facilities, causing someone infected with the virus can skip
rampant illness, death, unsafe working quarantine. If you have not yet received your
conditions, staffing shortages, and mandates. priority vaccine, CAPT urges you to schedule
The COVID-19 vaccine is an effective tool to your vaccine right away!
2021 January / February - 11STATE BUDGET
Proposed Budget Highlights for employee compensation and bargaining, DSH, CDCR and DDS
On January 8, Governor Gavin Newsom released the Department of Human Resources anticipates inviting
2021-22 State Budget proposal. The Budget will be revised the bargaining units back to the table to renegotiate and
in May when the governor receives an updated revenue modify the side letter agreements that extended the 2020
forecast. The $227.2 billion budget plan includes a $15 PLP program through the 2021-22 fiscal year. The budget
billion surplus generated from an unforeseen surging stock proposal made no mention of our suspended raises, only
market that benefited the state's wealthiest residents. modifications to the extended PLP program, which would
"Californians made a record $185 billion in capital gains begin on July 1, 2021.
income — money earned from the sale of assets like stocks,
land or a business — resulting in $18.5 billion in tax revenue
for the state," reported the Associated Press. DEPARTMENT OF STATE
Newsom's budget proposal highlights vaccine
distribution and administration, various coronavirus-related HOSPITALS
economic relief programs for families and small businesses,
and the safe reopening of schools.
COVID-19 IMPACTS
At this time last year (pre-pandemic), Newsom proposed
The Budget includes $51.9 million one-time General
Budget projected a $5.6 billion surplus. The projected surplus
Fund in 2021-22 to address the impacts of COVID-19,
quickly changed after the COVID-19 pandemic reached our
including, but not limited to, isolation and testing capacity
shores, necessitating unprecedented lockdown measures.
at state hospitals, outside medical invoicing, and other
The pandemic brought fiscal uncertainty and projections of
supports for patients and employees. As an additional
declining state revenue. Newsom's 2020 May Revise cut the
safeguard and to provide for increased surge capacity, DSH
budget significantly as the surplus was quickly eclipsed by an
has contractually secured a portion of the Norwalk facility to
estimated $54 billion deficit.
use as an alternate care site. Due to the recent increase in
The state's gloomy economic forecast led to a non-
COVID-19 cases, this facility was activated in mid-December
negotiable ten percent compensation reduction plan for state
to provide additional isolation space at DSH-Patton hospital.
workers achieved through the collective bargaining process.
The necessary reductions were attained through temporary
suspensions of raises, as well as a Personal Leave Program. FELONY INCOMPETENT TO STAND TRIAL
CAPT monitors the state budget process closely to see POPULATION
how funding will impact our departments and our jobs. The growth in the number of incompetent to stand trial
Provided below are the budget highlights for the three (IST) commitments who are referred from trial courts and
departments in which we work, beginning with our ten are awaiting admission to a state hospital continues to grow
percent compensation reduction side letter agreement. If and has been exacerbated by the COVID-19 pandemic. The
you have any questions about the state budget or want to number of ISTs pending placement stood at approximately
learn more, contact Coby Pizzotti at 1-800-677-2278. 1,428 as of December 2020.
The Budget includes funding proposals to accommodate
the IST population's overflow through local treatment,
EMPLOYEE COMPENSATION AND housing, and other community support systems. The
expansion or creation of community or jail-based treatment
COLLECTIVE BARGAINING options could reduce the number or category of ISTs
admitted into the state hospital system. The state's response
Although fiscal risk remains high, the initial revenue to mitigate the IST waitlist through local programs could, if
projections indicate that the employee compensation successful, be the beginning of a new model that outsources
reductions may not be necessary during the 2021-22 fiscal to the community the treatment of a portion of the state's
year. Immediately following the May Revision, the California IST population. CAPT is concerned that, if this model
12 - January / February 2021advances, the patient population relegated to the state
hospital system will be those who exhibit more violent and
aggressive behaviors, making the facilities more dangerous
and making it harder to recruit and retain quality staff.
Provided below are the budgetary proposals to address
the number of ISTs awaiting placement:
► Community Care Demonstration Project for Felony
IST (CCDP-IST)—The Budget includes $233.2 million General
Fund in 2021-22 and $136.4 million General Fund in 2022-
23 and ongoing to contract with three counties to provide a
continuum of services to felony ISTs in the county as opposed
to state hospitals. This proposal seeks to demonstrate the
effectiveness of streamlining services to drive improved
outcomes for individuals with serious mental illness. This
proposal is projected to serve up to 1,252 ISTs in the county
continuum of care settings in 2021-22.
► Expansion of Community Based Restoration (CBR)—
The Budget includes $9.8 million General Fund in 2020-
21, $4.5 million General Fund in 2021-22, and $5 million
General Fund in 2022 23 and ongoing to expand the current
Los Angeles County CBR program beginning in 2020-21 and
establish new CBR programs in additional counties in 2021-
22. This proposal is projected to increase capacity by up to
250 beds in 2021-22.
► Reappropriation and Expansion of the IST Diversion
Program—The Budget includes $46.4 million one-time
General Fund, available over three years, to expand the
current IST Diversion program in both current and new
counties. Additionally, the Budget includes five-year limited-
► CONREP Continuum of Care Expansion—The Budget
term funding of $1.2 million General Fund annually to support
includes $3.2 million General Fund in 2020-21 and $7.3
research and administration for the program. Further, the
million General Fund in 2021-22 and ongoing to increase the
Budget authorizes the reappropriation of existing program
step-down capacity in the community in order to transition
funds set to expire in 2020-21.
more stable non-IST patients out of state hospital beds and
► Expansion of the Jail-Based Competency Treatment
backfill state hospital beds with IST patients. This expansion
Program—The Budget includes $785,000 General Fund
is estimated to increase capacity by up to 40 beds in 2021-22.
in 2020-21 and $6.3 million General Fund in 2021 22 and
ongoing to expand the Jail-Based Competency Treatment
program to seven additional counties. This expansion is
estimated to increase capacity by up to 31 beds in 2021-22.
DEPARTMENT OF CORRECTIONS
► Forensic Conditional Release Program (CONREP) AND REHABILITATION
Mobile Forensic Assertive Community Treatment (FACT)
Team—The Budget includes $5.6 million General Fund in
2021-22, $8 million General Fund in 2022-23 and 2023-24, PRISON INMATE POPULATION
and $8.2 million General Fund in 2024-25 and ongoing to As a result of virus mitigation, the Budget proposal
implement a FACT team model within CONREP, in lieu of reports a sharp decline in the prison inmate population
the typical centralized outpatient clinic model, to expand statewide, including population projections. The 2020
community-based treatment options for both ISTs and non- Budget Act projected an overall adult inmate average daily
ISTs in counties and backfill State Hospital beds with IST population of 122,536 in 2020-21. The average daily adult
patients. This expansion is estimated to increase capacity by inmate population for 2020-21 is now projected to be
up to 100 beds in 2021-22. 97,950, a decrease of 20 percent from spring projections.
▀ Continued, next page
2021 January / February - 13▀ Continued, previous page
Current projections show that the adult inmate
population is trending downward and is expected to
decrease by 2,626 offenders between 2020-21 and 2021-22.
DEPARTMENT OF
SUSPENSION OF INTAKE TO STATE PRISONS DEVELOPMENTAL SERVICES
As public health conditions allow, CDCR plans to resume
the intake of inmates with continued precautions, including The State of California is the only state that funds
offering to test all inmates upon intake and instituting a services to the developmentally disabled as an entitlement.
mandatory 14-day quarantine period in its reception centers. The Budget includes $10.5 billion ($6.5 billion General Fund)
PRISON CAPACITY AND CLOSURES and estimates that approximately 386,753 individuals will
CDCR's reliance on contract prison capacity has receive developmental services by the end of 2021-22.
significantly reduced over the years. CDCR plans to terminate COVID-19 IMPACTS
its last and final in-state contract correctional facility by May The Budget provides $211.7 million ($150.4 million
2021. General Fund) to address COVID-19 impacts on the
Consistent with the 2020 Budget Act, the Department developmental services system. Funding supports utilization
plans to close Deuel Vocational Institution by September increases for purchase of services above base funding levels
2021, achieving savings of $113.5 million General Fund in and direct response expenditures for surge capacity at the
2021-22, and $150.6 million General Fund beginning in Fairview and Porterville Developmental Centers and other
2022-23. The Administration plans to close a second state- operating costs in state-operated facilities.
operated prison in 2022-23.
REGIONAL CENTER EMERGENCY RESPONSE
INMATE MEDICAL CARE AND MENTAL HEALTH The Budget includes $2 million ($1.4 million General
SERVICES Fund) ongoing for regional center emergency coordinators
The Budget continues to adequately fund ($3.4 billion) to respond various emergencies and disasters, including
the delivery of healthcare services and programs to inmates, wildfires, earthquakes, and public safety power shutoffs.
including access to mental health, medical, and dental Each regional center will receive a dedicated position
care consistent with the standards and scope of services to coordinate emergency preparedness, response, and
appropriate within a custodial environment. recovery activities for DDS consumers.
DIVISION OF JUVENILE JUSTICE REALIGNMENT
Consistent with Chapter 337, Statutes of 2020 (SB 823),
the Budget transfers responsibility for managing all youthful
offenders from the State to local jurisdictions. The Division
of Juvenile Justice will stop the intake of wards on June 30,
2021, and the DJJ is expected to close on June 30, 2023.
Pandemic According to CalPERS data, state employee retirement figures
increased 15 percent in 2020. CalPERS processed 3,315
brings 2020 retirements just in December, a 17 percent increase from the
prior year. The retirement data is no surprise, given the events
of 2020. The COVID-19 pandemic created dangerous working
retirement conditions, and the economic uncertainty led to state-imposed
pay cuts and furloughs. During the Great Recession, when Gov.
surge to state Schwarzenegger imposed state-worker furloughs in the summer
of 2009, public service retirements increased by 16 percent
workforce from the previous year.
14 - January / February 2021Contract Highlight
Survivors’ benefits
A loved one’s death is always 3. the member in a parent-child relationship)
a difficult time for those is eligible for benefits while under age 22.
left behind. Our contract An unmarried child incapacitated because
outlines a program that can of a disability which began before attaining
help ease family members’ age 22 may be entitled to the benefit until
financial concerns. the disability ends. If a child is in the care of
the guardian, or is living on their own, the
State Bargaining Unit 18 child’s portion of the benefit is payable to
members are covered under the Fifth Level of the guardian or to the child directly, rather
the 1959 Survivors’ Benefit, which provides a than to the surviving spouse or registered
monthly payment to BU 18 members’ families if domestic partner.
the non-Social-Security-covered state employee 4. Parents – A parent may be eligible if there
dies prior to retirement. These monthly payments is no surviving spouse, registered domestic
to eligible family members are made possible by partner or eligible children, and the parent(s)
the employees’ small paycheck contributions was dependent on the member for at least
toward the program. half of their financial support at the time of
the member’s death.
The 1959 Survivors’ Benefit is paid in addition
to any other pre-retirement death benefit paid MONTHLY ALLOWANCE LEVELS
by CalPERS, with the possible exception of the Eligible survivors may receive one of the following
Special Death Benefit. If the 1959 Survivors’ monthly allowances:
Benefit is greater than the Special Death Benefit,
then the difference is paid as the 1959 Survivors’ A spouse who has care of two or more eligible
Benefit. children, or three or more eligible children not in
Information on these contract provisions are located in the
the care of the spouse -- $1,800.
ELIGIBLE SURVIVORS
1. Spouse or registered domestic partner – A A spouse with one eligible child, or two eligible
surviving spouse or registered domestic children not in the care of the spouse -- $1,500.
partner is a person who was legally married,
or in a registered domestic partnership, with Upon reaching age 62, a spouse who had no
the member either one year prior to the eligible children at the time of the employee's
member’s death, or before the occurrence death, or one eligible child not in the care of the
of the injury or onset of illness that resulted spouse -- $750.
in the member’s death. A surviving spouse is
2019-2022 CAPT Contract
entitled to the 1959 Survivor Benefit as long For more information on the 1959 Survivors’
as they have care of an eligible unmarried Benefit, including your specific family members’
child or are at least age 60. A surviving eligibility, as well as other similar benefits,
Article 8.3, Page 75
spouse can remarry and continue to receive contact CalPERS at 888-225-7377.
the allowance.
2. Children – An unmarried biological or For questions about our contract and our related
adopted child of the member or an unmarried rights, contact your chapter office.
stepchild (if the child was living with
2021 January / February - 15BVNPT updates licensee guidance on COVID-19
vaccine complaints and discipline
On December 31, 2020, the Board of Vocational Nursing and Psychiatric Technicians released a guidance communication to
the current federal and state prioritization standards for allocating and administering COVID-19 vaccines in phases. In that
communication, the BVNPT warned licensees that distribution or administration of vaccine doses contrary to the phase structure
identified in the federal and state guidelines may subject licensees to discipline, up to and including revocation of licensure.
On January 7, 2021, the California Department of Public health released new guidance on vaccine prioritization to better
account for vaccine spoilage and community immunity. In response to the new direction, the BVNPT released the following
communication updating its guidance to licensees on vaccine distribution and administration:
On January 7, 2021, the California Department of Public structure as they administer the COVID-19 vaccine.
Health (https://www.cdph.ca.gov/Programs/CID/DCDC/ The BVNPT is incorporating this new guidance and any
Pages/COVID-19/Vaccine-Prioritization.aspx) released future guidance issued into its review and evaluation of
new guidance on vaccine prioritization. The guidance complaints that could result in disciplinary actions against
recognized the need to balance the prioritization of scarce licensees involved in COVID-19 administration.
vaccine resources with the goal of achieving community
immunity for all Californians. Additionally, the guidance With respect to vaccine prioritization, the BVNPT
noted situations in which the health departments and prioritizes the investigation of complaints against
providers may offer doses promptly to people in lower licensees who engage in the diversion of COVID-19
priority groups, including provider flexibility to eliminate vaccine or vaccine administration supplies provided by
vaccine spoilage. the federal government that is undertaken for financial
gain in violation of applicable federal and state guidance.
The Board of Vocational Nursing and Psychiatric
Technicians (BVNPT) previously provided licensees with This guidance updates the guidance released on
information on their role in maintaining COVID-19 phase 12/31/2020.
16 - January / February 2021State has duty to keep
workers safe; Facial
hair compromises
protective seal on
respiratory masks
Yes, our employer has the legal duty and shown that even a day or two of stubble can
obligation to require essential staff to wear begin to reduce protection. Research tells
a securely fitted surgical N95 mask for our us that the presence of facial hair under the
safety and protection and for those around sealing surface causes 20 to 1000 times more
us. A tight face-to-respirator seal provides leakage compared to clean-shaven individuals.
greater protection from airborne hazards,
in this case, the coronavirus. Studies have The Occupational Safety and Health
shown that any amount of facial hair within Administration strongly advises employees to
the seal area can compromise the seal. be clean-shaven (within eight hours) in the
area of the seal before they begin their shift.
From the Centers for Disease Control and
Prevention: Gases, vapors, and particles in the ACCOMMODATIONS
air will take the path of least resistance and If you have a religious reason or a documented
bypass the part of the respirator that captures medical condition, such as a heart condition,
or filters hazards out. So then, why can’t facial lung disease, or a psychological condition
hair act as a crude filter to capture particles like claustrophobia, you can make an
that pass between the respirator sealing area accommodation request. Requests for
and the skin? While human hair appears to be religious and disability accommodations are
very thin to the naked eye, hair is much larger typically made to the Equal Employment
in size than the particles inhaled. Facial hair is Opportunity coordinator at a facility. If there
just not dense enough, and the individual hairs is a different process at your facility, contact
are too large to capture particles like an air filter Human Resources, and inquire what the
does; nor will a beard trap gases and vapors procedure is for accommodations. If you have
like the carbon bed in a respirator cartridge. questions or are not sure about the local
Therefore, the vast majority of particles, procedures, contact your
gases, and vapors follow the air stream right local union representatives
through the facial hair and into the respiratory for assistance.
tract of the wearer. In fact, some studies have
2021 January / February - 17Studies
Research &
OSHA Let Employers Decide Whether to Report
Health Care Worker Deaths. Many Didn’t
By Aneri Pattani and Robert Lewis and Christina Jewett
NOVEMBER 30, 2020
Kaiser Health News
As Walter Veal cared for residents at the Ludeman to a KHN review of hundreds of worker deaths detailed by
Developmental Center in suburban Chicago, he saw the family members, colleagues and local, state and federal
potential future of his grandson, who has autism. records.
So he took it on himself not just to bathe and feed the Workplace safety regulators have taken a lenient stance
residents, which was part of the job, but also to cut their toward employers during the pandemic, giving them broad
hair, run to the store to buy their favorite body wash and discretion to decide internally whether to report worker
barbecue for them on holidays. deaths. As a result, scores of deaths were not reported to
“They were his second family,” said his wife, Carlene occupational safety officials from the earliest days of the
Veal. pandemic through late October.
Even after COVID-19 struck in mid-March and cases KHN examined more than 240 deaths of health care
began spreading through the government-run facility, which workers profiled for the Lost on the Frontline project and
serves nearly 350 adults with developmental disabilities, found that employers did not report more than one-third
Walter was determined to go to work, Carlene said. of them to a state or federal OSHA office, many based on
Staff members were struggling to acquire masks and internal decisions that the deaths were not work-related —
other personal protective equipment at the time, many conclusions that were not independently reviewed.
asking family members for donations and wearing rain Work-safety advocates say OSHA investigations into
ponchos sent by professional baseball teams. staff deaths can help officials pinpoint problems before they
All Walter had was a pair of gloves, Carlene said. endanger other employees as well as patients or residents.
By mid-May, rumors of some sick residents and staffers Yet, throughout the pandemic, health care staff deaths
had turned into 274 confirmed positive COVID tests, have steadily climbed. Thorough reviews could have also
according to the Illinois Department of Human Services prompted the Department of Labor, which oversees OSHA,
COVID tracking site. On May 16, Walter, 53, died of the virus. to urge the White House to address chronic protective gear
Three of his colleagues had already passed, according to shortages or sharpen guidance to help keep workers safe.
interviews with Ludeman workers, the deceased employees’ Since no public agency releases the names of health
families and union officials. care workers who die of COVID-19, a team of reporters
State and federal laws say facilities like Ludeman building the Lost on the Frontline database has scoured
are required to alert Occupational Safety and Health local news stories, GoFundMe campaigns, and obituary and
Administration officials about work-related employee deaths social media sites to identify nearly 1,400 possible cases.
within eight hours. But facility officials did not deem the first More than 260 fatalities have been vetted with families,
staff death on April 13 work-related, so they did not report employers and public records.
it. They made the same decision about the second and third For this investigation, journalists examined worker
deaths. And Walter’s. deaths at more than 100 health care facilities where OSHA
It’s a pattern that’s emerged across the nation, according records showed no fatality investigation was underway.
18 - January / February 2021Carlene Veal and her family pose with the ashes of Walter Veal outside his home in University Park, Illinois. (From left) Jordan Veal, Devohnte
Harper Jr., Doreal Veal, Carlene Veal, Whitney Green and Carrice High. (TAYLOR GLASCOCK FOR KHN)
At Ludeman, the circumstances surrounding the April 13 on-site, even in workplaces that reported a COVID outbreak.
worker death might have shed light on the hazards facing Veal. Others cited privacy concerns and gave no explanation. Still others
But no state work safety officials showed up to inspect — because ignored requests for comment or simply said they had followed
the Department of Human Services, which operates Ludeman and government policies.
employs the staff, said it did not report any of the four deaths there “It is so disrespectful of the agencies and the employers to shunt
to Illinois OSHA. these cases aside and not do everything possible to investigate the
The department said “it could not determine the employees exposures,” said Peg Seminario, a retired union health and safety
contracted COVID-19 at the workplace” — despite its being the director who co-authored a study on OSHA oversight with scholars
site of one of the largest U.S. outbreaks. Since Veal’s death in May, from Harvard’s T.H. Chan School of Public Health.
dozens more workers have tested positive for COVID-19, according A Department of Labor spokesperson said in a statement that
to DHS’ COVID tracking site. an employer must report a fatality within eight hours of knowing
OSHA inspectors monitor local news media and sometimes the employee died and after determining the cause of death was a
will open investigations even without an employer’s fatality report. work-related case of COVID-19.
Through Nov. 5, federal OSHA offices issued 63 citations to facilities The department said employers also are bound to report a
for failing to report a death. And when inspectors do show up, they COVID death if it comes within 30 days of a workplace incident —
often force improvements — requiring more protective equipment meaning exposure to COVID-19.
for workers and better training on how to use it, files reviewed by Yet pinpointing exposure to an invisible virus can be difficult,
KHN show. with high rates of pre-symptomatic and asymptomatic transmission
Still, many deaths receive little or no scrutiny from work-safety and spread of the virus just as prevalent inside a hospital COVID
authorities. In California, public health officials have documented unit as out.
about 200 health care worker deaths. Yet the state’s OSHA office Those challenges, plus May guidance from OSHA, gave
received only 75 fatality reports at health care facilities through employers latitude to decide behind closed doors whether to
Oct. 26, Cal/OSHA records show. report a case. So it’s no surprise that cases are going unreported,
Nursing homes, which are under strict Medicare requirements, said Eric Frumin, who has testified to Congress on worker safety
reported more than 1,000 staff deaths through mid-October, but and is health and safety director for Change to Win, a partnership
only about 350 deaths of long-term care facility workers appear to of seven unions.
have been reported to OSHA, agency records show. “Why would an employer report unless they feel for some
Workers whose deaths went unreported include some who took reason they’re socially responsible?” Frumin said. “Nobody’s
painstaking precautions to avoid getting sick and passing the virus holding them to account.”
to family members: One California lab technician stayed in a hotel Downside of Discretion
during the workweek. An Arizona nursing home worker wore a mask OSHA’s guidance to employers offered pointers on how to
for family movie nights. A Nevada nurse told his brother he didn’t decide whether a COVID death is work-related. It would be if a
have adequate PPE. Nevada OSHA confirmed to KHN that his death cluster of infections arose at one site where employees work closely
was not reported to the agency and that officials would investigate. together “and there is no alternative explanation.” If a worker had
KHN asked health care employers why they chose not to report close contact with someone outside of work infected with the virus,
fatalities. Some cited the lack of proof that a worker was exposed it might not have been work-related, the guidance says.
▀ Continued, next page
2021 January / February - 19▀ Continued, previous page that if he got the virus, “he wouldn’t make health workers early this year at Central
it,” Daugherty said. State Hospital in Georgia — a state-run
Ultimately, the memo says, if an Mark Daugherty, a father of five, psychiatric facility in a state without its own
employer can’t determine that a worker confided in his youngest son when he fell ill worker-safety agency.
“more likely than not” got sick on the job, in May that he believed he contracted the On March 24, a manager at the facility
“the employer does not need to record coronavirus at work, his daughter said in a had warned staff they “must not wear
that.” message to KHN. articles of clothing, including Personal
In mid-March, the union that Early in June, the facility filed its first Protective Equipment” that violate the
represented Paul Odighizuwa, a food public report on COVID cases to Medicare dress code, according to an email KHN
service worker at Oregon Health & Science authorities: Twenty-three residents and obtained through a public records request.
University, raised concerns with university eight staff members had fallen ill. It was Three days later, what had started
management about the virus possibly one of the largest outbreaks in the state. as a low-grade illness for Mark DeLong, a
spreading through the Food and Nutrition (Medicare requires nursing homes to licensed practical nurse at the facility, got
Services Department. report staff deaths each week in a process serious. His cough was so severe late on
Workers there — those taking meal unrelated to OSHA.) March 27 that he called 911 — and handed
orders, preparing food, picking up trays By then, Daugherty, 60, was fighting the phone to his wife, Jan, because he could
for patient rooms and washing dishes — for his life, his absence felt by the residents barely speak, she said.
were unable to keep their distance from who enjoyed his banjo, accordion and She went to visit him in the hospital
one another, said Michael Stewart, vice piano performances. But the country’s the next day, fully expecting a pleasant visit
president of the American Federation of occupational safety watchdog wasn’t called with her karaoke partner. “By the time I got
State, County and Municipal Employees in to figure out whether Daugherty, who there it was too late,” she said. DeLong, 53
Local 328, which represents about 7,000 died June 19, was exposed to the virus at “had passed.”
workers at OHSU. Stewart said the work. His employer did not report his death She learned after his death that he’d
union warned administrators they were to OSHA. had COVID-19.
endangering people’s lives. “We don’t know where Mark might Back at the hospital, workers had been
Soon the virus tore through the have contracted COVID 19 from, since frustrated with the early directive that
department, Stewart said. At least 11 the virus was widespread throughout the employees should not wear their own PPE.
workers in food service got the virus, the community at that time. Therefore there Bruce Davis had asked his supervisors
union said. Odighizuwa, 61, a pillar of the was no need to report to OSHA or any if he could wear his own mask but was told
local Nigerian community, died on May 12. other regulatory agencies,” Oasis Pavilion’s no because it wasn’t part of the approved
OHSU did not report the death to the administrator, Kenneth Opara, wrote in an uniform, according to his wife, Gwendolyn
state’s OSHA and defended the decision, email to KHN. Davis. “He told me ‘They don’t care,’” she
saying it “was determined not to be work- Since then, 15 additional staffers have said.
related,” according to a statement from tested positive and the facility suspects a Two days after DeLong’s death, the
Tamara Hargens-Bradley, OHSU’s interim dozen more have had the virus, according directive was walked back and employees
senior director of strategic communications. to Medicare records. and contractors were informed they could
She said the determination was made Gaps in the Law “continue and are authorized to wear
“[b]ased on the information gathered by If Oasis Pavilion needed another reason Personal Protective Gear,” according to a
OHSU’s Occupational Health team,” but she not to report Daugherty’s death, it might March 30 email from administrators. But
declined to provide details, citing privacy have had one. OSHA requires notice of a Davis, a Pentecostal pastor and nursing
issues. death only within 30 days of a work-related assistant supervisor, was already sick. Davis
Stewart blasted OHSU’s response. incident. Daugherty, like many others, clung worked at the hospital for 27 years and
When there’s an outbreak in a department, to life for weeks before he died. saw little distinction between the love he
he said, it should be presumed that’s where That is one loophole — among others preached at the altar and his service to the
a worker caught the virus. — in work-safety laws that experts say could patients he bathed, fed and cared for, his
“We have to do better going forward,” use a second look in the time of COVID-19. wife said.
Stewart said. “We have to learn from this.” In addition, federal OSHA rules don’t Sick with the virus, Davis died April 11.
Without an investigation from an outside apply to about 8 million public employees. At the time, 24 of Central State’s
regulator like OSHA, he doubts that will Only government workers in states with staffers had tested positive, according to
happen. their own state OSHA agency are covered. the Georgia Department of Behavioral
Stacy Daugherty heard that Oasis In other words, in about half the country Health and Developmental Disabilities,
Pavilion Nursing and Rehabilitation Center if a government employee dies on the job which runs the facility. To date, nearly 100
in Casa Grande, Arizona, was taking strict — such as a nurse at a public hospital in staffers and 33 patients at Central State
precautions as COVID-19 surged in the Florida, or a paramedic at a fire department have gotten the virus, according to figures
facility and in Pinal County, almost halfway in Texas — there’s no requirement to report from the state agency.
between Phoenix and Tucson. it and no one to look into it. “I don’t think they knew what was going
Her father, a certified nursing assistant So there was little chance anyone from on either,” Jan DeLong said. “Somebody
there, was also extra cautious: He believed OSHA would investigate the deaths of two needs to check into it.”
20 - January / February 2021You can also read
