Amidst all the controversy and uncertainty as to when both “essential” and “non-essential” businesses will reopen, one thing is certain: at some point in the future all businesses who have survived the crisis will reopen. This article focuses on some of the employment law issues and challenges which business leadership will need to assess when moving forward to compete in the post crisis era.

Employers may face liability under OSHA regulations for actions taken before, during and after the COVID-19 crisis. There is no specific OSHA standard covering COVID-19. However, several OSHA requirements apply to preventing COVID-19, including Personal Protective Equipment (PPE) Standards (29CFR1910 and 29CFR1910.134); Hazardous Communication Standards re. sanitizers and sterilization (29CFR1910.1200); and the “General Duty Clause” 29 USC 654(a)(1), which requires employers to furnish to workers “employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.”

OSHA claims brought by an employee or OSHA itself related to COVID-19 are a real possibility, so it is highly advisable for employers to dot their “i’s” and cross their “t’s” with respect to their COVID-19 related practices and recordkeeping, as well as general cleaning and sanitation procedures.

Click here to read the complete article online at The National Law Review