On covid, California's supreme court just said the quiet part out loud

Employers just got a legal shield against covid liability

In 2020, Robert Kuciemba, a woodworker in San Francisco was infected with covid by a co-worker after his Nevada-based Victory Woodworks transferred a number of sick workers to the San Francisco site for a few months. 

Through the proceedings of the case it turns out that the employer knew some employees might be sick but they transferred them anyway and ignored a San Francisco ordinance in place at the time to quarantine suspected covid cases.

Kuciemba was subsequently infected and he then infected his wife, who ended up in ICU on a ventilator.

The California Supreme Court ruled on Thursday, July 6th, against Kuciemba on the basis that a victory, while, in the court's words, "morally" the right thing to do, would create "dire financial consequences for employers" and cause a "dramatic expansion of liability" to stop the spread of covid.

There’s a few stunning details to note in this case. First, the court agreed that there is no doubt the company had ignored the San Francisco health ordinance. In other words, they accepted the company had broken the law. And then concluded “yeah, but, capitalism.”

Secondly, the case was so obviously important to the struggle between capitalism and mass infection that the US Chamber of Commerce, the largest business lobbying organisation got involved and helped the company with its defence. Remember, this is a tiny company in a niche industry. The involvement of the biggest business lobbyists in the country tells us a lot about the importance of the principle they knew was at stake.

Thirdly, the defence of the company is very telling. They said “There is simply no limit to how wide the net will be cast: the wife who claims her husband caught COVID-19 from the supermarket checker, the husband who claims his wife caught it while visiting an elder care home.”

Well, exactly. Capitalism couldn’t survive if employers were liable for covid infections contracted in the workplace, and the ripple effect of those infections. And they know it. 

This case is something of a covid smoking gun, revealing what we always suspected but had never seen confirmed in so many words: the public health imperative of controlling a pandemic virus by making employers liable for some of that control is, and always must be, secondary to capitalist profit. 

This ruling is also saying out loud what has been obvious to anyone paying attention for the last two years: employers don’t have a responsibility to keep your family safe from covid. You have that responsibility. And if you give a family member covid that you caught at work and they get sick or die – even if it was a result of law-breaking by your employer – that’s on you buddy.

It is the same old capitalist story: the shunting of responsibility for ills that should be shared across society, including employers in that society, onto individuals.

This ruling essentially helps codify workplace mass infection and justifies it as necessary for the smooth functioning of capitalism.

This is not new. This is where the ‘just a cold’ and the ‘mild' narrative came from. It came from doctors and healthcare experts whose first loyalty was to capitalism. Not to public health. To money, not to lives. Abetted by media who uncritically platformed them.

While this ruling tells us little that we couldn’t already see from the public policy approach of the last two years, it is revealing (and to some extent validating) to see it confirmed by a court of the highest law of the land in the United States.