Coronavirus-Related OSHA Violations Total $3,504,345
The U.S. Department of Labor’s OSHA has announced through a press release that the coronavirus pandemic has resulted in over $3,504,345 of violations. The violations stem from 263 inspections where citations were issued.
Under the Occupational Safety and Health Act of 1970, employers have the legal duty to provide a safe and healthy work environment for workers. OSHA, the Occupational Safety and Health Administration, has set guidelines and standards that employers are required to adhere to. Additionally, OSHA provides training, education, and other types of assistance to help better equip employers with the ability to provide a safe and healthy work environment.
With the unexpected and quick advancement of the coronavirus at the start of 2020, businesses in all industries faced obstacles that were never before seen for many. The unpreparedness and lack of access to safety equipment such as masks and sanitizer helped compound the issues faced by many employers. For businesses who were able to proceed forward with operations, expectations, and guidelines often seemed muddled. For other businesses, the only option was to close operations and, in extreme cases, furlough employees.
The start of the pandemic also brought with it new standards and guidelines for employers regarding the virus. The new guidance covers issues including respirator use, outbreak reduction, and education on the virus and its impact on the workplace. For many businesses, understanding and implementing the new standards took time.
Coronavirus-Related Citations
A broad range of issues contributed to coronavirus-related violations by employers. One such violation was the failure to write a respiratory protection program. The program would ensure that employers know how to use a respirator in both a voluntary and medical capacity.
Another violation concerned employers not providing necessary medical evaluations, proper training on respirator use, lack of personal protective equipment, and other aspects of employee protections. For some businesses, the lack of understanding of the need for and operation of a respirator was the reason the violation occurred in the first place. This was especially the case for businesses that have never needed one in the past.
Several businesses were also hit with violations about recording illnesses, injury, and death related to the coronavirus. Some citations were because employers did not promptly report the deaths of employees in a timely manner by either the phone or in-person options available. Other businesses were cited for not using the required documents for recording.
For many businesses, the lack of understanding of the virus, testing opportunities, and lack of understanding or inability to perform contact tracing resulted in violations related to recording and reporting employee illness, injury, and death.
Lastly, for many businesses, there was an overall failure to comply with OSHA’s General Duty Clause. The clause is a broad overview that stipulates employers are to provide a safe environment and adhere to OSHA’s standards and regulations regarding the virus.
Reporting OSHA Violations
The press release does not state how the complaints were initially reported. However, employees have the right to file a complaint if they feel their employer is in violation of OSHA standards, especially during the pandemic.
Complaints can be filed using several methods, including online with the digital complaint form or through email. Complaints can also be faxed in, mailed in, called in, or reported in person at any OSHA office.
OSHA further offers the ability to file a complaint anonymously. Although not common, if there is a fear of retaliation from your employer, there is the option to file a “whistleblower complaint." OSHA has a dedicated whistleblower protection program website that guides employees on coronavirus-related standards and regulations that employers need to adhere to.
