With the Texas economy reopening, one of the things on everyone’s mind is how to keep employees safe and healthy in a Covid-19 environment. One thing that is expected is that there will be an increase in claims and potentially lawsuits claiming that employers did not do enough to protect their employees from becoming ill with Covid-19.
The Occupational Safety and Health Administration (OSHA) has published a number of alerts, enforcement memoranda, news releases and other materials addressing the topic of worker safety, and demonstrate that the agency is taking an active role in policing and enforcing its standards when it comes to protecting workers from Covid-19. Based on information published by OSHA, not only must employers take steps to make their workplaces safe in the Covid-19 environment, they must report Covid-19 related hospitalizations and deaths of employees. Its statements have made it clear that eliminating workplace hazards from Covid-19 is a top OSHA priority.
One important OSHA publication contains the standards and directives it will apply in order to prevent occupational exposure to the Corona virus (SARS-CoV-2). Among the most prevalent requirements are the requirement that employers provide personal protection equipment, including gloves, eye and face protection, and respiratory equipment, when job hazards warrant it. The other is the requirement that employers furnish 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.” In the current Covid-19
environment, the persistent question is, “What does that mean?”
OSHA has published guidance for the construction industry that can be applied to most every other employment situation. From that, we can see that prudent employers will take the following precautions:
Encourage workers to stay home if ill. Workers who are observed to be ill should be sent home.
Encourage workers to report any safety and health concerns relating to the workplace to a supervisor without fear of retaliation.
Minimize ride and tool sharing.
Stagger breaks and lunches to keep groups to less than 10 people.
Clean and disinfect kitchens, break rooms, and restrooms frequently, even daily.
Keep in person meetings as short as possible, limit the number of people in attendance, and observe distancing.
Use appropriate cleaning chemicals to disinfect work areas, tools, and equipment.
Promote personal hygiene, and provide hand washing stations and appropriate hand sanitizers.
Encourage respiratory etiquette.
Advise workers to avoid personal contact with each other, and increase personal distancing.
Conduct periodic wellness checks, including asking about the employee’s contact with others.
Allow, and even provide, other personal protection equipment and materials to protect employees from the virus.
Allow workers to wear masks to prevent the spread of the virus.
By proactively taking steps to prevent or reduce the risks of workplace transmission of SARS-CoV-2, employers can better prepare themselves for any employee claims or governmental enforcement actions that might be directed at them. It is clear that OSHA’s position is that employers have a responsibility to take appropriate steps to protect workers from workplace injury and illness, including Covid-19. A state or local governmental official’s declaration that the “economy is open” authorization to reopen businesses does
not eliminate the employer’s responsibility to provide a safe workplace. Turning a blind eye to that responsibility could be a very expensive mistake.