U.S. Department of Labor Considers Employer's Good Faith Efforts When Enforcing Compliance during Coronavirus Pandemic

As employers prepare to re-mobilize their workforces, OSHA has issued guidance to inspectors on citing employers in relation to COVID-19 risks. ISPC and T&D PowerSkills previously recommended that employers take precautions in recognizing that OSHA has limited ability to cite employers where they cannot show that an employer's negligence caused an employee infection. OSHA has further refined their guidance to include employers suspected of ignoring risks to employee health during this crisis, in which case compliance officers will audit the employer's efforts to protect employees from cross contamination and potential for infections. Where a good faith effort to protect employees is demonstrated, citations will not be made. An example of a good faith effort would be following CDC guidelines particular to your industry and employee interaction. If you need assistance with developing a return to work plan, ISPC is here to help.

For further information, see OSHA’s COVID-19 page: https://www.osha.gov/SLTC/covid-19/.