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.
Category: General Duty Clause
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 […]