OSHA Is Issuing Citations for COVID-19 Infections from the SpringSince the beginning of the COVID-19 crisis, we have been talking about things to do to keep your employees safe and what laws apply in that arena. Recently, OSHA started handing out fines to companies for employee outbreaks across the country, from New Jersey to Colorado to Louisiana to South Dakota.

The recent COVID-19 citations rely on the Occupational Safety and Health Act’s general duty clause:

Each employer shall furnish to each of his employees 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 to his employees.”

DOL’s news releases do not provide much detail on the alleged violations, merely that the companies failed to protect the employees from the coronavirus. It appears that most are related to events from Spring 2020.

What Does This Mean to You?

It is a pandemic and employees are going to get sick, but there are still things you can do to protect your employees and your company.

  • If OSHA has issued specific guidance for your industry, follow it.
  • If there is no specific guidance, look to the general guidance on proactive measures you can take to protect workers, such as social distancing or, when that is not available, using physical barriers, face shields, and face coverings. Keep in mind that this guidance can change, so stay up to date.
  • Put up signs that remind employees to social distance and wear face coverings.
  • Enforce your safety measures. Just like you would not let an employee work without a hard hat or safety glasses, you cannot let an employee work without a face covering.

Don’t forget to maintain injury and illness logs, and make them available as required.

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Photo of Anne R. Yuengert Anne R. Yuengert

Anne Yuengert works with clients to manage their employees, including conducting workplace investigations of harassment or theft, training employees and supervisors, consulting on reductions in force and severance agreements, drafting employment agreements (including enforceable noncompetes) and handbooks, assessing reasonable accommodations for disabilities, and…

Anne Yuengert works with clients to manage their employees, including conducting workplace investigations of harassment or theft, training employees and supervisors, consulting on reductions in force and severance agreements, drafting employment agreements (including enforceable noncompetes) and handbooks, assessing reasonable accommodations for disabilities, and working through issues surrounding FMLA and USERRA leave. When preventive measures are not enough, she handles EEOC charges, OFCCP and DOL complaints and investigations, and has handled cases before arbitrators, administrative law judges and federal and state court judges. She has tried more than 30 cases to verdict.

Photo of J. William Manuel J. William Manuel

Will Manuel focuses his practice primarily on commercial and employment litigation. Will advises businesses on issues involving age discrimination, sexual harassment and wage/overtime disputes for both large and small businesses in across Mississippi and other jurisdictions. His clients include numerous manufacturers and commercial…

Will Manuel focuses his practice primarily on commercial and employment litigation. Will advises businesses on issues involving age discrimination, sexual harassment and wage/overtime disputes for both large and small businesses in across Mississippi and other jurisdictions. His clients include numerous manufacturers and commercial interests as well as various insurance and financial services companies. He has worked to defend these clients in both MDL litigation and individual actions brought in Mississippi. Will’s focus is on active litigation from the initial discovery process through trial. View articles by Will.