04.20.2020

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General News

Julie Lucht and Chris Sutton were quoted in the HR Daily Advisor article, "Continuing Presence of Coronavirus Brings New Obligations Related to OSHA," regarding the permanent changes related to an employer's obligation to provide a safe workplace when employees start going back to work.

Chris says OSHA is “classically and chronically underfunded,” and there is no way the agency can inspect all the facilities where credible complaints have been made. “This is a monster in that respect,” he says, but employers are no less obligated to take steps to keep their workplaces safe.

“The real issue that people haven’t grasped yet fully is—whether or not the transmission occurred at the workplace”—the employer must determine whether it took reasonable measures to prevent it, Chris says.

Julie also notes that some states are putting in place government-mandated restrictions to mitigate the risk as employers begin to reopen, and those will need to be incorporated in an employer’s policy related to protecting against the virus.

This article was also posted on HRLaws*.

*Subscription-based publication