OSHA Issues COVID-19 Workplace Safety Guidelines
Employees must know their rights as businesses around the world continue to adapt to the challenges due to the CoVid-19 pandemic. As social distancing and other safety precautions are put in place, businesses must comply with local, state and federal requirements for maintaining a safe work environment and ensure the good health and safety of employees. Most laws enacted in response to CoVid-19 vary depending on whether a business is considered essential or non-essential. For example, non-essential businesses may not compel non-essential employees to report to work, and it is illegal to retaliate against any non-essential employee who refuses to go to work. Essential workers, however, also have protections that require employers to ensure and maintain a safe workplace.
In March 2020, the Occupational Safety and Health Administration (OSHA) issued new guidelines as a result of the pandemic to clarify existing federal law that protects employees. The guidelines address the additional health risks posed by CoVid-19. Under the “General Duties Clause” enacted in 1970, OSHA (as part of the Labor Code), requires employers ensure the workplace is free from “recognized hazards” that are likely to result in serious injury or death of employees.
29 U.S. Code § 654 (5)(a)(1): 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.
The new OSHA guidelines, for the most part, provide guidance that follows the advice of public health officials that are already recommended for everyone such as washing hands frequently and maintaining social distancing. While the guidelines are not legally binding, they do outline recommended precautions that employers should take in order to ensure the safety of employees.
The new guidelines address four categories, or controls, for businesses to ensure employee safety: (1) engineering, (2) administrative, (3) safe work practices, and (4) personal protective equipment. The first category, engineering, identifies safety measures to separate employees with physical barriers. Administrative controls include ensuring sick employees stay home, and creating enough space for employees to stay six feet apart. Under safe work practices, OSHA recommends that company policies and practices promote good health such as providing hand sanitizer, sufficient time to wash hands frequently, and having disinfecting products available. Finally, personal protection equipment includes providing masks, gloves and eye protection to reduce the risk of exposure to CoVid-19, and would depend on the type of work and level or risk.
Additional federal, state and local laws may provide additional protection to employees. For example, in Los Angeles County, local law requires social distancing in public as well as wearing non-surgical masks by employees of essential business as well as customers. Businesses that fail to provide employees with personal protective equipment or ensure customers are wearing masks are violating the law.
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Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is experienced in all aspects of employment law including OSHA violations and have aggressively represented employees in Los Angeles, Hollywood, Santa Monica, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra.
If you or someone you know suffered employment violations as an employee including OSHA violations, you may have certain employee rights under state and federal law. Employees may be entitled to damages as a part of the class action lawsuit. Please contact us to speak with one of our lawyers for a free consultation.
Know the Law. Know your Rights.
What is OSHA?
“OSHA” is the Occupational Safety and Health Administration, which enforces the Occupational Safety and Health Act of 1970 (OSH Act). The Act, enacted by Congress, ensures safe and healthful working conditions for employees. OSHA provides protection to almost all private sector and some public sector employees by establishing and enforcing strict standards.
What is the Occupational Safety and Health Act of 1970?
“OSH Act” is a set of laws that enforces the workplace conditions that employers must comply with and includes regulations that ensure the health and safety of employees. In general, that means that the workplace must be free of hazards that can cause injuries or illnesses. For example, OSH Act protects employees from being exposed to toxic chemicals, unsanitary work conditions, extremely loud noises and physical hazards that could result in slips and falls.
In addition to specific standards tailored to a particular industry (i.e. construction), all employers must comply with the General Duty Clause which requires the workplace to be “free of serious recognized hazards that are likely to cause death or serious physical injury to his employees.”
The Act also requires employers to provide employees with personal protective equipment (PPE) as well as attempt to eliminate or reduce hazards to minimize risks. However, any serious hazard must be eliminated. A “serious hazard” is defined by OSH Act as one “that there is a substantial probability that death or serious physical harm could result.”
How does OSH Act ensure workplace safety?
The Act requires employers identify hazards and keep records of workplace injuries. Moreover, employers must investigate workplace injuries, illnesses and incidents. Employers are required to use this data to identify hazards and implement practices to reduce the risks with corrective actions.
In addition, OSHA investigates workplace complaints as well as conducts random inspections. Employers also have the right to file a confidential safety and health complaint requesting an OSHA inspection if the employee believes there is a hazard.
What happens if OSHA finds a workplace violation?
OSH Act has strict penalties for employers who “willfully or repeatedly” violate the Act. Civil penalties can range from $5,000 to $70,000 for each willful violation. Employers can also be fined for failing to correct hazardous conditions. In the most serious cases of OSH Act violations, OSHA can seek a court order to force the employer to eliminate any “imminent danger” and the immediate removal of all employees from the workplace.
Does OSH Act conflict with California State Law?
The Division of Occupational Safety and Health (DOSH or Cal/OSHA) provides state protection to employers that often provides greater protection than the federal OSH Act. In fact, California boasts some of the country’s most strict protections for employees under state law. If you are an employee working in California, you should file a complaint with the state agency in most cases. However, there are some cases that must be filed with OSHA. An experienced labor law attorney can provide you with the appropriate agency based on the facts of your case.
Can an employee sue an employer for OSHA violations?
Yes. If an OSHA violation resulted in an injury, you can sue your employer for failing to adhere to OSHA. You may also sue any negligent or legally liable party which could include the property owner, a general contract or a third party. Also, depending on your injury and the OSHA violation, you could be part of a class action if other employees are similarly injured.
Also, your rights as an employee could be violated in other ways such as being fired for filing an OSHA complaint, or for refusing to work in unsafe conditions. In fact, there are over 20 labor laws that protect whistleblowers and prohibit employers from retaliating against an employee who complains. There are strict time limits for filing these claims for whistleblower protection, so be sure to consult an experienced labor law attorney immediately after a retaliatory action occurs.
FREE CONSULTATION
Srourian Law Firm, with locations in Los Angeles, Westwood, Woodland Hills, and Orange County is experienced in all aspects of employment law including OSHA and Cal/OSHA violations and have aggressively represented employees in Los Angeles, Hollywood, Santa Monica, Orange, Irvine, Anaheim, Santa Ana, Newport Beach, Costa Mesa, Fullerton, Tustin, Mission Viejo, San Clemente, Garden Grove, Laguna Niguel, Brea, Fountain Valley, Aliso Viejo, Yorba Linda, Westminster, Laguna Hills, Cypress, and La Habra.
If you or someone you know suffered employment violations as an employee due to hazards in the workplace, you have certain employee rights under state and federal law, and may be entitled to compensation as a part of the class action lawsuit. Please contact us to speak with one of our lawyers for a free consultation.