The Occupational Safety and Health Administration (OSHA) has produced a new poster which highlights 10 infection prevention measures that employers can implement to protect the safety and health of workers. For those employers who are still open and operating, there is always a risk that should an employee become infected with COVID-19 virus, he or she might contact OSHA to complain about safety in the workplace. Given that OSHA has suggested the use of this poster, it is recommended that employers post it in the usual location.
OSHA has issued some guidance on how they will treat complaints, indicating that COVID-19 is a recordable injury for purposes of the OSHA 300 Log. Also, they have clarified that taking steps to prevent the spread of COVID-19 is included in the duty to furnish a safe working environment, and thus, part of the General Duty Clause. There have been reports from around the country that OSHA offices have been flooded with complaints from workers complaining about their employers failing to follow social distancing and other precautions, and OSHA officials have already begun to carry out inspections without warning. Finally, OSHA has also created a coronavirus webpage which employers are urged to consult.
As always, if you have any questions with regard to these issues, please contact a member of Roetzel’s employment group.