COVID-19: Is the Employer Liable for Workplace Exposure?

While there is no definite, simple answer to this question, there are guidelines that must be followed according to Cal/OSHA Guidelines to protect workers from COVID-19.

While some companies have temporarily closed down shop during the pandemic, others have resorted to working remotely from home. However, there are still “essential businesses” that are up and running. In this instance, employers must ensure they take the following steps to protect their employe

·    Actively encourage sick employees to stay home

·    For employees with acute respiratory illness symptoms, send home immediately

·    Provide training and information to employees regarding the following:

o  Cough/sneeze etiquette

o  Hand washing hygiene

o  Avoid close contact with sick persons

o  Avoid touching eyes, nose, mouth

o  Avoid sharing personal items such as cups, utensils, etc.

o  Provide tissues, hand sanitizers, etc.

·    Perform routine cleaning of shared workplaces, equipment, furniture

·    Advise employees to check CDC’s Traveler’s Health Notices prior to travel

·    Allow flexible worksites, telecommuting, flex work hours

·    Using other methods of minimizing exposure between employees and the public

·    Postponing or canceling large work-related meetings or events

Additional CAL/OSHA Regulations for Workplaces Where There is Significant Risk of Exposure:

·    IIPP - Employers must determine if COVID-19 infection is a hazard in their workplace and if so, must implement measures to reduce/prevent such hazards and provide training to employees

·    Washing Facilities - Must provide washing facilities that have suitable cleaning agents, water and single-use towels or blowers

PPE - Employers must conduct a hazard assessment to determine if PPE is necessary. If employer identifies COVID-19 as a workplace hazard, properly fitted PPE must be provided to effectively protect employees