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New York is the #2 state with the most COVID-19 worker safety violations

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January 31, 2022
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This story originally appeared on Uplift Legal Funding and was produced and distributed in partnership with Stacker Studio.

New York is the #2 state with the most COVID-19 worker safety violations

As the coronavirus struck, safety at the workplace urgently became more important than ever. Newspapers and televisions were filled with vivid images and stories of workers crowded into close quarters, lacking personal protective gear. More recently, workplace safety issues have extended to whether employees must be vaccinated against COVID-19 as a requirement of their employment.

The U.S. Department of Labor's watchdog, the Occupational Safety and Health Administration, conducted thousands of inspections into possible violations, resulting in fines totaling about $4 million in the first two years of the pandemic.

Uplift Legal Funding has identified the states with the most federal COVID-19-related worker safety violations, using OSHA data from July 2020, when the agency first issued COVID-19-related inspection guidance, through December 2021.

Read on to see how your state's working population has fared during the COVID-19 pandemic or see the national story here.

New York by the numbers

- Total number of inspections with COVID-19-related violations: 97 (2,177 total inspections)
- Average number of standards cited per violation: 2.7
- Total amount of penalties issued: $1,245,893 ($12,844 average per establishment with violations)

Nearly all of the workplace violations cited by OSHA in New York were discovered at care and assisted living facilities. COVID-19 deaths at the state's nursing homes made headlines when it was confirmed in a 2021 report by the attorney general that many thousands more people died of COVID-19 in assisted living than the administration of former Gov. Andrew Cuomo had disclosed. The state, early in the pandemic, had chosen to move recovering COVID-19 patients out of hospitals and into nursing homes to free up more space. The report also said the number of people who died in the nursing homes could be miscounted by as much as 50% because only residents who died on nursing home property, not those being treated in hospitals, were counted.

Nationwide, 22 states chose to run their own OSHA-approved workplace safety programs. These states set their own COVID-19 safety standards, and OSHA only holds jurisdiction over federal employees in these states. Another six states, including New York and Maine, have worker safety programs for state and local government workers, but rely on OSHA to oversee the private sector.

Due to OSHA's limited capacity to complete inspections and its limited scope across certain states, a state's ranking doesn't necessarily reflect that its establishments were more prone to flouting COVID-19 restrictions—only that enforcement mechanisms caught more of the violations.

Take a look at the top five states with the most COVID-19 worker safety violations, and stay safe.

States with the most federal COVID-19 worker safety violations

#1. New Jersey: 144 inspections with COVID-19-related violations (1,814 total inspections)
- Total amount of penalties issued: $2,333,025 ($16,202 average per establishment with violations)
#2. New York: 97 inspections with COVID-19-related violations (2,177 total inspections)
- Total amount of penalties issued: $1,245,893 ($12,844 average per establishment with violations)
#3. Ohio: 60 inspections with COVID-19-related violations (2,718 total inspections)
- Total amount of penalties issued: $781,540 ($13,026 average per establishment with violations)
#4. Illinois: 49 inspections with COVID-19-related violations (2,578 total inspections)
- Total amount of penalties issued: $776,546 ($15,848 average per establishment with violations)
#5. Pennsylvania: 45 inspections with COVID-19-related violations (2,425 total inspections)
- Total amount of penalties issued: $476,940 ($10,599 average per establishment with violations)

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