Tag: Occupational Safety And Health Act Of 1970 (OSHA)

OSHA Inspections and Penalties for Coronavirus-Related Violations on the Rise

Setnor Byer Insurance & Risk

Did you know that the Occupational Safety and Health Act’s health and safety standards apply to COVID-19? Since the coronavirus pandemic began, the Occupational Safety and Health Administration (OSHA) has received approximately 12,000 complaints and conducted nearly 300 inspections related to COVID-19. These inspections have resulted in proposed penalties against employers totaling more than $3.5 million.

The most common violations cited by OSHA include failures to:

While covered employers are responsible for complying with all applicable health and safety standards, those relating to personal protective equipment (PPE), respiratory protection and sanitation may be especially relevant for preventing the workplace spread of COVID-19. Employers that are not subject to a specific OSHA standard must still comply with the OSH Act’s General Duty Clause, which requires each employer to provide a workplace that is free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees.

OSHA’s emphasis on preventing the spread of COVID-19 in the workplace should provide more than enough motivation for employers to do the same. Employers wanting to protect their business and avoid severe OSHA penalties must do their part to protect workers from COVID-19, including the implementation of appropriate preventative measures as required by applicable law or recommended by relevant public health authorities, like the Centers for Disease Control and Prevention (CDC).

Please contact us for more information about protecting your business and your workers during the COVID-19 pandemic.

Notice of Work-Related Fatality

Do employers have seven days to notify the Occupational Safety and Health Administration of a work-related incident that has resulted in the death of an employee?

No. All employers covered by the Occupational Safety and Health Act of 1970 are required to notify the Occupational Safety and Health Administration (OSHA) within eight (8) hours after the death of any employee from a work-related incident. This requirement also applies to any work-related incident resulting in the in-patient hospitalization of three or more employees. Employers must provide this notice by telephone or in person at the OSHA Area Office nearest to the site of the incident. Employers may also notify OSHA by using the toll-free central telephone number, 1-800-321-OSHA. For each incident, an employer must provide OSHA with the name of the establishment; the location of the incident; the time of the incident; the number of fatalities or hospitalized employees; the necessary contact information; and a brief description of the incident.

In addition to notifying OSHA, employers in some states may have additional notification requirements following the death of an employee. For example, in Florida, an employer must report the fatality by telephone or telegraph within twenty-four hours to the Department of Financial Services. In Minnesota, employers have forty-eight hours to report a death or serious injury that occurred during the course of employment to the state commissioner. Given such variations in reporting requirements, employers should consult with a licensed professional in their jurisdiction to determine all applicable reporting requirements before the need ever arises.