Coronavirus (COVID-19) Legal Alerts

OSHA Compliance Guidance for Employers During the COVID-19 Pandemic

3.25.2020

The General Duty Clause of the Occupational Safety and Health Act requires employers to furnish to each worker “employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.”

The Occupational Safety and Health Administration (OSHA) has issued guidance, outlining steps employers should take to ensure OSHA requirements are met and to reduce employees’ risk of exposure during the current COVID-19 pandemic.  The steps include, but are not limited to:

  1. If an employer does not have an Infectious Disease Preparedness and Response Plan in place, one should be developed and adopted. Plans should consider the risk associated with the worksites and job duties of employees. Employers should consider where and how employees must be exposed to COVID-19, as well as the employees’ individual risk factors.
  2. Employers should implement basic infection prevention measures in their workplace, such as promoting frequent and thorough hand washing, encouraging sick employees to stay at home, maintain routine cleaning and disinfecting, and considering whether employees can telework.
  3. Employers should develop policies and procedures for the prompt identification and, if appropriate, isolation of sick employees. Employees should be encouraged by employers to monitor themselves for symptoms. Employers should develop policies and procedures for employees to report when they are experiencing symptoms of COVID-19.
  4. Employers should implement flexible workplace policies and sick leave policies that align with current public health guidance. Flexible policies for employees caring for sick family members are also encouraged.

The OSHA Guidance also provides specific advice for employers depending on their employees’ risk of exposure. The Guidance can be found here.  

Employers should also be aware of their OSHA recording duties. COVID-19 may be a recordable illness if an employee is infected while performing his/her job duties.

For assistance with complying with OSHA during COVID-19 pandemic, please contact Tracy Armstrong, Ashley Morin, or any member of the Wilentz Employment Law Team.

BLOG DISCLAIMER

The postings on this blog were created for general informational purposes only and do not constitute legal advice or a solicitation to provide legal services.  Although we attempt to ensure that the postings are complete, accurate, and current as of the date of publication, we assume no responsibility for their completeness, accuracy, or timeliness.  The information in this blog is not intended to create, and receipt of it does not constitute, a lawyer-client relationship.  Readers should not act upon this information without seeking professional legal counsel.

This blog may contain links to independent third party websites and services, including social media. We provide these links for your convenience, and you access them at your own risk.  We have no control over and do not monitor the content or policies (including privacy policies) of these third-party websites and have no responsibility for, and no liability with respect to, their content, accuracy, or reliability.  Unless expressly stated, we do not endorse any of the linked websites or any product, service, or publication referenced herein or therein.  We will remove a link to any site from this blog upon request of the linked entity.

We grant permission to readers to link to this blog so long as this blog is not misrepresented. This site is not sponsored or associated with any other site unless so identified.

If you wish for Wilentz, Goldman & Spitzer, P.A., to consider representing you, please obtain contact information from the Contact Us area of this blog or go to the firm’s website at www.wilentz.com.  One of our lawyers will be happy to discuss the possibility of representation with you. However, the authors of Wilentz blogs are licensed only in New Jersey and/or New York and do not wish to represent anyone who viewed this site in a state where the site fails to comply with all laws and ethical rules of that state.

PRIVACY POLICY