We need better guidance for employees on coronavirus

We sent the following letter to CFPB management on Monday March 9, 2020. It is based on work done by NTEU Chapter 293 at SEC, and includes input we’ve received from a member survey and communications directly from employees and union representatives.

We will continue to incorporate your feedback into the discussion with management as we go.

“Travel options should be given for those of us who are in the high-risk category. My catching the coronavirus might likely be fatal.”

— Anonymous CFPB employee

The Coronavirus threat in the U.S. right now is very real. 

We know that the virus is spreading rapidly globally.

We know that there are a number of confirmed cases, and deaths, in a number of states, providing clear evidence of “community” transmission, which has already led some states and cities to declare a state of emergency.

We know that the virus is highly contagious, both airborne and on surfaces, even more so than typical infections like the flu.

We know that there is no vaccine yet, and that it may take one to two years to successfully develop one. 

We know that treatment options are currently limited.

We know that it is deadlier than the flu, with a potential death percentage as high as 2%.

We know the danger is higher for some, and that “older persons and persons with pre-existing medical conditions (such as high blood pressure, heart disease, lung disease, cancer or diabetes) appear to develop serious illness more often than others.” (WHO)

We know that the U.S. has a drastically insufficient number of tests, and that so at present it is virtually impossible to know for certain what the rate of spread is, and that by the time they get a handle on that, it may have already spread substantially.

We know that the U.S. has severe shortages of facemasks and hand sanitizer at present.

The combined effect of the virus being highly contagious with the potential to geometrically spread across the country, with a higher death rate, ineffective testing so far in the U.S., and a lack of effective treatment options, makes it clear that this could develop into a pandemic rapidly.

Employees have come to us with a number of concerns, including, but not limited to:

• Concerns about using transit to get to work.
• Concerns about face to face contact with employees traveling to DC for large meetings or to regional offices and huddles.
• Concerns from employees with compromised immune systems or a history of respiratory problems, for example asthma or allergies.
• Concerns about requiring employees to travel, or requiring them to attend offsite functions, such as examinations and conferences, that will involve contact with multiple persons, including employees of CFPB entities.
• Concerns about how the CFPB is not dealing effectively with employees who travel, especially traveling to conferences and exams, to and from places within the US that have Coronavirus spreading.

Union proposed guidelines

While we appreciate the fact that the CFPB has created a task force to respond to the coronavirus, we are concerned that this task force is meeting without the employees’ union representatives. The union’s requests to join the task force have been repeatedly denied, and this has slowed down communications between employees and upper management. We have been surveying employees since last Tuesday, and have not been given a chance to communicate their concerns to management. We already are hearing about potential exposure of some employees, who in the absence of guidance from their supervisors and management, are currently self-quarantining at home.

Further delays could end up being detrimental to CFPB employees.

Aside from basic precautions such as frequent handwashing, public health experts and local health departments are now advising the public to take “social distancing” precautions.

We know that the agency has the flexibilities already available to permit employees to perform almost all agency functions successfully while limiting person to person interaction. Here are some proposed guidelines that employees need in order to maintain our health and safety on the job:

1. Recommend all employees use telework to work from home immediately, with no supervisor approval required. 
   • New OPM guidance advises agencies to grant situational telework liberally.
   • Many businesses such as Amazon, Salesforce, and Google are recommending employees work from home. 
   • An employee at NASA Ames Research Center in Mountain View, CA tested positive and all employees were advised to work from home. We are recommending the following measures to encourage telework before such a positive case happens at CFPB.
   • Waive the requirement for the situational telework form.
   • Advise regional offices and DC-based employees to telework immediately.
   • Require field examiners to work from home and cancel travel to exam sites.
   • Replace in-person meetings and travel with phone and videoconference communications. Overwhelmingly, employees want to work from home for exams, according to our survey (22 of 25 responses).
   • Advise contractors to work from home.
2. Consider closing regional and HQ offices so that protection is extended to all staff including contractors who cannot work from home such as cleaning staff and security guards. 
3. Require contracting agencies to provide paid leave to staff who are not working due to office closures, potential exposure, or feeling sick.
4. Advise employees to cancel upcoming travel, such as for training and conferences. We’re aware that IRS is canceling all non-urgent travel. Many conferences are cancelling or postponing already (e.g. CBA Live).
5. Regional huddles are imminent, with one scheduled in San Diego, CA next week. Travel to these huddles should be canceled ASAP and organizers should make arrangements to hold them remotely via videoconference.
   • California Health Department is recommending events should be cancelled if attendees are traveling from communities with outbreaks, as is the case for the upcoming West Region huddle, scheduled for next week.
6. Grant flexible work hours as needed due to school closures, quarantine, caring for ill family, etc, and allow employees to telework while caregiving if needed.
7. Provide admin leave for affected employees instead of sick leave.
8. Grant sick leave for anyone who is potentially exposed and needs to use it, as allowed by Article 28 Section 3.B.2.c of the Collective Bargaining Agreement.
9. Be extremely accommodating to employees with any sort of underlying respiratory condition, such as asthma, COPD, etc.
10. Disinfect common work areas (e.g., printers, copiers, conference rooms) on a routine basis.
11. Ensure an adequate supply of hand sanitizer at all CFPB offices.
12. Communicate clearly and transparently with employees on the agency’s ongoing response to coronavirus.

All of these flexibilities currently exist, and all have demonstrated efficacy as successful alternatives to perform our important mission. All are prudent steps at social distancing, given what we currently know and what we do not know about the spread of this virus in the U.S. It would be a shame if the agency doesn’t take these prudent precautions based on available information and science (rather than other considerations), and ends up putting our employees at risk.