Washington University Journal of Law & Policy Volume 64 The Legal Impacts of COVID-19 2021 The Human Right to Workplace Safety in a Pandemic Ruben J. Garcia University of Nevada, Las Vegas, William S. Boyd School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_journal_law_policy Part of the Health Law and Policy Commons, Human Rights Law Commons, Labor and Employment Law Commons, and the Labor Relations Commons Recommended Citation Ruben J. Garcia, The Human Right to Workplace Safety in a Pandemic, 64 WASH. U. J. L. & POL’Y 113 (2021), https://openscholarship.wustl.edu/law_journal_law_policy/vol64/iss1/10 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Journal of Law & Policy by an authorized administrator of Washington University Open Scholarship. For more information, please contact
[email protected]. THE HUMAN RIGHT TO WORKPLACE SAFETY IN A PANDEMIC Ruben J. Garcia* ABSTRACT The COVID-19 pandemic has presented unique challenges for immigrant workers many of whom occupy jobs most at risk in the pandemic: heath care, janitorial services, and mass transit. This Article encourages the extension of human rights instruments protecting health and safety in the workplace to all workers, particularly immigrant workers. Garcia analyzes the options available for workers who confront unsafe working conditions under existing law. Expanding the language of “human rights” will allow for greater scrutiny of actions taken by the government and employers. Garcia encourages statutory changes to OSHA and the NRLA, test cases, filing complaints under trade agreements, and lodging complaints with the ILO in order to keep all workers safe.