Courtesy of: Trent Cotney, Cotney Construction Law, LLP | WSRCA Legal Advisor RoofingContractor.com.
With over 3,500 cases in the U.S. and more than 175,000 worldwide, the novel coronavirus (referred to in the medical community as COVID-19) has quickly become a global threat, not only to individual safety and health, but also to economies and businesses. Originating in Wuhan City, China in December 2019, the virus has rapidly spread to over 100 countries around the world.
Preventative Measures for Employers
As COVID-19 continues to spread, it’s crucial for employers to implement safety protocols designed to prevent the spread of the virus among employees. Given the relatively low number of cases confirmed in the United States compared to the rest of the world, most American workers are not considered to be at significant risk of contracting the virus at the time of publication. Nevertheless, employers need to be aware of procedures for navigating the health and well-being of their employees while ensuring employee’s rights are not being violated. Given the lack of experience the American workforce has dealing with large-scale pandemics like COVID-19, there is very little case law or statutory authority for employers to rely on in these situations.
Luckily, OSHA has recently taken the opportunity to remind employers that existing OSHA standards apply to protecting their workers from the coronavirus, including, in particular, OSHA’s Personal Protective Equipment standards, 29 C.F.R. 1910 Subpart 1, and the General Duty Clause, 29 U.S.C. § 654(a)(1). OSHA also noted that its Bloodborne Pathogens standard, 29 C.F.R. 1910.1030, is not directly applicable in regards to coronavirus protections because the virus is not transmitted through blood, but it does offer a framework that may help control some sources of the virus including exposure to bodily fluids.
OSHA has also created a webpage dedicated to providing employers information on the spread of COVID-19, the possible consequences it could have on the overall health of your employees and company, and on establishing standards and guidelines for preventing transmission should one of your employees become infected.
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