Where OSHA has not address a workplace hazard through a specific standard, it requires employers to provide employees with a safe workplace pursuant to the broad mandates of OSHA’s General Duty Clause, which including protecting employees from violence.
OSHA Law: Protecting Your Employees and Your Company from Employee Misconduct A significant challenge for employers in effectively enforcing a safety program is deploying resources in a way that maximizes not only the safety of employees but also a company’s ability to defend itself against an OSHA citation. Fortunately, both […]
OSHA has recently cited an employer in Georgia for failing to record and report a COVID-19 illness that resulted in a hospitalization. According to the current law, OSHA will need to prove the employee’s contraction of the virus was recordable because it is more likely than not that the employee […]
OSHA has reportedly opened up over 400 investigations related to COVID-19. These investigations may cover compliance issues related to the employer’s specific obligations to properly record and report COVID-related illnesses and to provide the proper personal protective equipment to employees in high-risk work environments. OSHA may also be investigating employers […]
OSHA and the CDC recommend each employer develop and implement an “infectious disease preparedness and response plan” or, more simply, a pandemic plan. In this regard, OSHA has issued its Guidance on Preparing Workplaces for COVID-19, along with numerous publications providing recommendations for specific industries. This guidance is being provided […]
On April 16, 2020, OSHA’s Directorate of Enforcement provided OSHA area offices with unusual discretion in citing employers who failed to comply with OSHA’s various standards due to complications created by COVID-19 but who exercised “good-faith” in attempting to achieve compliance. What must an employer do to demonstrate “good-faith” where […]
An executive order (“Order”) was signed by President Trump on April 28, 2020 addressing concerns by employers in the meat and poultry industry regarding potential liability to workers who contract the COVID-19 while at work. The Order does not compel plants to stay open, but it does exempt meat and poultry processing […]
An executive order (“Order”) was signed by President Trump on April 28, 2020 addressing concerns by employers in the meat and poultry industry regarding potential liability to workers who contract the COVID-19 while at work. The Order does not compel plants to stay open, but it does exempt meat and poultry processing plants from complying with closure orders by state and/or local level governments. The rules and regulations related to the Order are to be promulgated by the Secretary of Agriculture shortly. These rules and regulations may define how much protection is actually being afforded employers from liability regarding employee exposure to COVID-19 and what, if any, new safety and health obligations are being imposed on the employer. How does the Order affect the obligations of an employer in the meat and poultry industry to protect its employees from COVID-19 in its workplace?