Image by Engin Akyurt from Pixabay
February 7, 2021-
As you no doubt know, federal and state laws require your company to be safe for your employees and customers. But the coronavirus pandemic has created new disrupting hazards for your business.
An infected worker, substandard cleanliness or just simple poor design of your workplace are threats for potential lawsuits.
Your employees could easily file complaints under your workers’ compensation which will also affect your rates, the Family and Medical Leave Act or the Americans with Disabilities Act.
ETS requirements
Furthermore, the Biden Administration has called for an Emergency Temporary Standard (ETS). This would require you to adhere to a checklist of workplace standards.
It would be enforced by the Department of Labor (DOL) and the Occupational Safety and Health Administration (OSHA). Look for the DOL to hire more workplace inspectors.
At the federal level, Republicans have tried unsuccessfully to pass a COVID-19 business liability shield.
Many states have already passed liability protection laws including Alabama, Arkansas, Georgia, Idaho, Iowa, Kansas, Louisiana, Michigan, Mississippi, Nevada, North Carolina, Ohio, Oklahoma, Tennessee, Utah, and Wyoming.
Meantime, you must do everything possible to protect your business.
In 2020, largely from guidance of the Centers for Disease Control (CDC), OSHA was busy implementing new standards.
As for prospective ETS standards, you can anticipate the following requirements:
- A company exposure assessment.
- A written plan including mandates for masks, sanitizing, social-distancing and a worker notice.
- When social distancing isn’t practical, write guidelines or personal protective equipment; plus engineering controls.
- Screening procedures for all vendors, visitors and employees.
- Implement training for workplace procedures.
- Notify OSHA of any exposures.
If you don’t follow ETS requirements, you would incur multiple liabilities.
Liabilities would include citations from OSHA.
If any of your workers complain about your lack of precautions, you would be subject to whistleblower complaints.
Finally, if anyone contracts the coronavirus in your workplace, ETS would likely enforce contact tracing procedures. This would make it easier to prosecute your business.
From the Coach’s Corner, here is related COVID-19 information for your business:
COVID-19 Workplace Safety Guidelines for Your Business – While it’s challenging for businesses just to keep the doors open, the coronavirus makes it difficult to maintain workplace safety. Here are some solutions.
If You Think You Have COVID-19 Workers, What You Can Do – If you think you have employees with coronavirus in your workplace, there are best practices for you to follow.
HR – Smart Ways to Respond If Employee Gets COVID-19 – Despite taking precautions, millions of people have contracted COVID-19. For employers, the pandemic represents dilemmas if an employee gets COVID-19. One dilemma is how to correctly tell the person’s co-workers. Here’s how.
COVID-19 Being Covered under Workers’ Compensation – Across the nation, employees who contract the coronavirus in the workplace are being covered by workers’ compensation. But the rules vary from state to state.
3 Tips to Reassure Employees about COVID-19 Benefits – The pandemic started prompting many employees to question their health insurance benefits. Take an added step to educate your workers about their options.
“The secret of change is to focus all of your energy, not on fighting the old, but on building the new.”
-Socrates
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