COVID-19 Reminders for Employers
Sara Strohschein
It has been a year since the Supreme Court issued its opinion rejecting the Occupational Safety and Health Administration’s Emergency Temporary Standard (OSHA ETS) that required all businesses with 100 or more employees to mandate a COVID-19 vaccine for all employees. This resulted in OSHA’s withdrawal of the ETS on January 26, 2022. Secretary of Labor Marty Walsh subsequently issued a statement, reinforcing OSHA’s commitment to enforcement, and stated the agency would use its existing powers under the General Duty Clause, requiring employers to provide a workplace “free from recognized hazards that are causing or are likely to cause death or serious physical harm to its employees” in its efforts to enforce workplace safety standards related to COVID.
OSHA has not been idle. By the end of November 2022, the agency had issued almost 20,000 complaints to employers it found in violation of the General Duty Clause, resulting in $7.9 million in penalties. Fines ranged from a low of $767 to a high of over $273,000. Complaints varied but included failure to provide adequate Personal Protective Equipment (PPE), allowing exposed employees to remain at work, and failure to enforce social distancing requirements.
With these statistics in mind, and with the resurgence of COVID in the form of new COVID virus mutations, it is a good time for employers to revisit their policies and practices related to COVID.
- Follow the CDC’s latest guidance on isolation, quarantine, and masking. Be aware of the community spread level in your county.
- Don’t forego your cleaning protocols.
- Review and update your COVID-19/Infectious Disease/Communicable Policy. You can find a sample policy here.
Although it appears that the efforts to control COVID have reduced its virulence, it continues to impact our communities and workplaces. Employers can help control its spread by remaining vigilant in their practices to limit employees’ exposure and ensure a workplace free from known related safety issues.
If you have questions, MRA’s 24/7 HR Hotline Advisors are here to help at 866-HR-Hotline (866.474.6854 ) or email (InfoNow@mranet.org).
