Amazon outlaws. This time for failure to comply with essential rules to protect the safety of workers from the risk of Covid-19 infection. Condemnation in France to partial closure of the colossus.
Amazon France, condemnation and reaction
On 4/14/20, the Nanterre District Court-after finding that Amazon France had ʹclearly violated its duty to ensure the safety and health prevention of workersʹ-ordered compliance within 24 hours with rules to prevent the spread of Covid-19.
The court also orders delivery activities to be limited to essential products only. Ordering the application of a penalty of 1 million euros for each day of delay.
However, the reaction of the U.S. giant’s transalpine subsidiary goes further. It is decided to suspend all kinds of shipments, including essential goods, until 20.4.20. With the ill-concealed goal of scaring workers and (trying to) break the protest front. (2)
Lockdown, unfair competition and risks to workers
The lockdown of activities deemed non-essential-other than food and pet food, medicines and hygiene products in France, joined in Italy by electronic devices, optics and photography, hardware etc. – had the essential function of reducing the movement of people in public spaces to an absolute minimum.
The quarantine thus established, along the lines of the Wuhan model, therefore includes restricting leaving home to only those activities necessary for the livelihood of individuals and families. And to the activities associated with it, such as precisely the production and distribution of food, feed, drugs.
Amazon France
however, decided to take advantage of the forced closure of physical retail to engage in unfair competition by continuing the sale of nonessential goods. Regardless of, among other things, the safety of the more than 10,000 many workers employed in warehouses, offices and logistics in France. Except agreeing to work from home, ça va sans dir, to managers.
The Solidaires union’s complaint
The Solidaires union has filed an emergency appeal with the Nanterre District Court. To denounce Amazon France‘s failure to adopt the necessary safeguards to protect the safety of workers from the risk of transmission of the new coronavirus. (3)
They even fail to equip all workers with the most basic protective systems, masks and gloves.
The only measures taken in France by the Cupertino giant were, paradoxically, more dangerous than their omission. Such as body temperature checks at access gates that, without due training on safety distances, had workers crowding into lines.
The list of precautions to be taken
The Nanterre judge lists all the precautions that Amazon France must take within 24 hours of the emergency order as a sine qua non to continue operations. (4) In a list that deserves everywhere consideration, in view of ‘phase 2’.
A) Access
– revolving turnstiles at access points, to be sanitized frequently, to encourage compliance with interpersonal safety distances,
– staggered access, to be ensured through systematic rescheduling of shifts,
– lockers where to store clothes, personal protective equipment for each worker,
– Appropriate measures to prevent contamination by outside workers and those involved in loading/unloading.
B) Hygiene
– Hygiene, cleaning and sanitation protocols. Effective procedures, based on risk analysis, must be formalized and shared with all employees,
– Essential social distancing. It should also be ensured through removal and separation of workstations to prevent close working conditions,
C) Personnel
– Training and monitoring of effective compliance with established prevention procedures,
– assessment of psycho-social risks due to organizational changes, increased workload and surveillance, concerns for themselves and their families related to the risk of contracting the virus. (5)
Workers’ representatives must actively participate in drafting appropriate protocols for dealing with the emergency. But this, as easy to predict in the Star Corporation, never happened. (6)
All different before the law
Corporations based in Europe’s tax havens siphon off tax-free cash from the countries where they make profits. Often without respecting lockdown or basic rules to protect workers and communities. Under culpable starvation of the authorities who should also oversee competition and the market.
The French judges at least made themselves heard. And in Italy, and other countries, what rules and controls vis-à-vis corporations?
Dario Dongo and Camilla Fincardi
Notes
(1) Amazon outlaws. See previous articles on:
– unsafe food, operators not registered with health authorities, https://www.greatitalianfoodtrade.it/sicurezza/amazon-alimenti-scaduti-e-inidonei-al-consumo-umano
– non-compliant consumer information, fraud in trade, https://www.greatitalianfoodtrade.it/consum-attori/amazon-nuove-denunce-a-antitrust-e-icqrf, https://www.greatitalianfoodtrade.it/consum-attori/amazon-fuorilegge
– Pesticide smuggling, https://www.greatitalianfoodtrade.it/salute/ecommerce-contrabbando-di-pesticidi
– Unfair business practices, abuse of dominant position, https://www.greatitalianfoodtrade.it/consum-attori/amazon-cyber-bullismo
– Animal abuse, false advertising, https://www.greatitalianfoodtrade.it/consum-attori/whole-foods-amazon-maltrattamenti-animali-e-repressione-del-dissenso-una-petizione
– workers’ health and labor rights, https://www.greatitalianfoodtrade.it/consum-attori/amazon-cyber-schiavitù
– tax evasion in the European Union, https://www.greatitalianfoodtrade.it/consum-attori/amazon-evasione-fiscale
(2) Tribunal Judiciaire de Nanterre. Ordonné de référé 14.4.20. The emergency measure can be accessed at https://cdn2.nextinpact.com/medias/ordonnance-amazon-14-04-20.pdf.
Jake Cigainero. Amazon To Temporarily Stop Deliveries In France, Following Court Ruling. National Public Radio, 4/15/20, https://www.npr.org/sections/coronavirus-live-updates/2020/04/15/834969353/amazon-to-temporarily-stop-deliveries-in-france-following-court-ruling.
Liz Alderman. Amazon to suspend operations in France over Coranivirus dispute. The New York Times, 4/15/20, https://www.nytimes.com/2020/04/15/business/amazon-france-covid.html; Coronavirus: la justice ordonne à Amzon de limiter son activité aux biens essentiels. Le Monde, 04/15/2020, https://www.lemonde.fr/economie/article/2020/04/14/coronavirus-la-justice-ordonne-a-amazon-de-limiter-son-activite-et-d-evaluer-le-risque-pour-les-salaries_6036565_3234.html.
(3) Solidaires, SUD- Commerce et Services. AMAZON: pour nos vies plutôt que leurs profits, nous demandons la fermeture des entrepôts!!! 8.4.2020, https://solidaires.org/AMAZON-pour-nos-vies-plutot-que-leurs-profits-nous-demandons-la-fermeture-des.
(4) Marie-Hélène Bensadoun, Laetitia-Marie Jamet, Alexandra Berg-Moussa. Décision Amazon du 14 avril 2020: quels enseignements en tirer pour une reprise sécurisée de l’activité de l’entreprise? August-Debouzy blog. 4/16/20, https://www.august-debouzy.com/fr/blog/1507-decision-amazon-du-14-avril-2020-quels-enseignements-tirer-pour-une-reprise-securisee-de-lactivite-de-lentreprise.
(5) Solidaires. NOS VIES VALENT PLUS QUE LES PROFITS D’AMAZON! 25.3.20, https://solidaires.org/NOS-VIES-VALENT-PLUS-QUE-LES-PROFITS-D-AMAZON.
(6) Annabelle Grelier. Amazon condamné par la justice à restreindre ses activités pendant le confinement se met à l’arrêt: le dialogue social une urgence sanitaire!!! France Culture, 16.04.2020, https://www.franceculture.fr/emissions/le-billet-economique/billet-economique-du-jeudi-16-avril-2020?fbclid=IwAR00Z5ZvLWR7JaRAFbZfIytaet5GN063b-X8Frf7nkaXhWu9ppY-Sb-Pc6w
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
Graduated in Law at the University of Bologna and in Italian-French law at the Université Paris Nanterre, she is currently enrolled in the Master in Law and Food Safety Consultant at the University of Bologna.
