OSHA and COVID-19

As employers and employees continue to struggle to provide safety from COVID-19, there has been an uptick in the number of complaints to the federal Occupational Safety and Health Administration (OSHA). 

It is overwhelming to look through the Code of Federal Regulations (CFR) to determine what the standards are for occupational safety and health – you’ll find over 1,000 pages of small print and details.  There is, however, one general requirement that covers hazardous conditions. This is known as the General Duty Clause (GDC). It is found in Section 5(a)(1) of the Occupational Safety and Health Act, and reads as follows: 
 
"Each employer shall furnish to each of its 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 its employees."

This catch-all clause covers a multitude of possibilities. Here are OSHA’s criteria for issuing a General Duty Clause citation/violation:

·         The employer failed to keep the workplace free of a hazard to which employees were exposed

·         the hazard was recognized

·         the hazard causes or is likely to cause serious harm or death

·         there is a feasible method to correct the hazard 

If you have a concern about your workplace, reach out to us for a free consultation.