Localized outbreaks of COVID-19 have plagued large industrial employers. A special focus has been placed on meat processing facilities, as plants across the country have become hotspots due to close quarters working conditions and allegations of insufficient responses by management in excluding ill workers and providing well workers with appropriate personal protective equipment (“PPE”). These…
States are beginning to plan ways to safely reopen their economies, and with that, businesses that closed due to the COVID-19 pandemic should plan how to reopen as well. The Occupational Safety and Health Administration (“OSHA”) and Centers for Disease Control (“CDC”) have issued guidance and recommendations that should assist businesses in reopening.
In what has already become a minefield of potential employer liability related to the COVID-19 pandemic, the nation’s largest employer - Walmart - is facing a wrongful death suit following the death of one of its Chicago-area employees after the employee allegedly passed away from COVID-19 health complications. As with the virus itself, questions abound about the extent of employer liability for…
OSHA issued a COVID-19 Interim Enforcement Response Plan to its area offices, state plan designees, and compliance safety and health officers instructing on the prioritization and response to workplace complaints related to COVID-19. Employers will find this latest guidance of interest in responding to and protecting employees from COVID-19 related health and safety concerns.
On April 16, 2020, MSHA held its (rescheduled) quarterly stakeholder call to address regulatory and enforcement updates across the industry. As with most other recent updates from government agencies, the MSHA call was dominated by conversations surrounding the agency’s response to and regulatory actions regarding the novel coronavirus or COVID-19. However, there were substantive updates on…
COVID-19 impacts business operations in ways that change daily: unemployment compensation, sick leave, and employee retention are a few of the areas receiving regular updates.
Employers must also remember their obligations to employees who raise safety concerns, especially relating to the COVID-19 threat to health and safety. Employee safety initiatives have been focused on identifying and…
On Tuesday, April 7, 2020, the West Virginia Office of Miners’ Health, Safety and Training (the “WVOMHST”) issued a letter to the Secretary of State of West Virginia, Mac Warner, informing him that the WVOMHST will be suspending the requirements related to preemployment and random breath tests for alcohol as a result of the COVID-19 Pandemic.
Governor Jim Justice declared a statewide State of…
On April 3, 2020, OSHA issued updated guidance on the use of N95 masks as a result of shortages of these masks for Health Care Providers and other industry across the country. This guidance is meant as a supplement to N95 fit test guidance issued on March 14, 2020. The updated guidance provides overarching guidance for all industries that commonly use N95 masks as well as specified guidance for…
On Sunday March 29, 2020 the Department of Homeland Security (“DHS”) issued guidance on which workers that the Department considers part of the “Essential Critical Workforce” during the coronavirus. This list includes eighteen different areas of the workforce that the Department considers critical. These areas include:
Jackson Kelly remains committed to helping employers navigate this ever-evolving outbreak. This includes guidance for your business operations, as well as looking out for the well-being of your employees.
These posts provide valuable information to help your business work through the pandemic.
COVID-19 and Workplaces
While our earlier post concerned what employers can do to promote a healthy and…
As local, state, federal, and global agencies scramble to keep up with the constantly developing information regarding exposure to, and protection from, COVID-19, there are steps that mine operators can take to best protect their personnel and operations, as well as the public at large. Some of these steps are mandated by regulation while others are guidance issued by medical authorities or other…
“An ounce of prevention is worth a pound of cure.” While our earlier post concerned what employers can do to promote a healthy and sanitary workplace to help fight the spread of the novel coronavirus (“COVID-19”), this post will discuss what an employer can do when one of its workers shows up to work displaying symptoms of COVID-19. With its high infectivity rate, this is becoming a more and more…