COVID-19 Update: OSHA’s General Duty Clause & New State Standards
OSHA enforcement standards are continuingly being modified in reaction to COVID-19, leaving employers and Safety Managers unsure of the latest rules and enforcement actions. While enforcement actions at the federal level are mainly falling under the OSHA General Duty Clause, many state OSHA agencies are adopting their own level of emergency standards as well.
Employers need to fully understand their responsibility and risk of citation under the General Duty Clause, and what the additional level of state standards means for your safety policies, practices and compliance.
In this up-to-the-minute program, we’ll cover:
- Latest OSHA expectations and standards for handling COVID related illnesses under the General Duty Clause
- New rules affecting OSHA’s inspection practices and access to employee records
- Federal OSHA vs. state OSHA recording and reporting requirements for COVID-19
- Impact of new state level OSHA emergency standards – even if it’s not in your own state
- Employer responsibility for investigating any claims of work-related COVID illness
Federal & State OSHA Standards for Handling COVID-19 and Enforcement
- The latest federal OSHA policy on COVID-19 enforcement procedures
- Which states have/are adopting emergency standards to address COVID-19
- Federal OSHA vs. state plan authority for standards development and enforcement
- When inadequate responses to workplace COVID transmission can result in criminal penalties against both companies and supervisors
- How whistleblower protections apply to cases of COVID-19 in the workplace
Managing COVID In and Outside of the Workplace
- What types of comments about COVID-19 are protected on social media regarding the workplace
- How recording and reporting of occupational illnesses should be handled for COVID-19
- What is needed beyond social distancing, face masks and hand sanitizer to have an effective COVID-19 management program
- Distinctions between face coverings, surgical masks and respirators – and why it’s legally significant
We’ll address employers’ key questions & concerns including:
- The new maximum $134,937 penalty, which can be applied per exposed worker
- Questions on OSHA and CDC COVID-19 guidelines and what’s enforceable
- Can OSHA access worker’s comp records to see if we have filed a COVID claim for an illness?
- What are the elements of a General Duty Clause citation, and what are the employer’s responsibilities when it comes to COVID?
- Uncertainty about how detailed COVID plans and training must be for each worksite
About the Speaker
Adele Abrams is an attorney and Certified Mine Safety Professional, who is the president of the Law Office of Adele L. Abrams PC, a multi-attorney firm with offices in the DC area, Denver and WV.
She represents employers nationwide in OSHA and MSHA litigation. Adele also provides safety training, consultation and auditing services. She is the 2017 recipient of the National Safety Council’s DSSA award, and is an active member of the American Society of Safety Professionals, where she has received the SPY award multiple times. Adele is also on the faculty of the University of Colorado, and Catholic University, where she instructs on employment, labor and occupational safety law.
We’ll provide you with the latest information on OSHA enforcement of COVID-19 standards under the General Duty Clause, and a look at new state OSHA agency rules that impact employers. Learn what it takes to remain compliant with the ever-evolving rules and regulations.
If you'd like this program customized for your organization, call us at 1-800-964-6033. We're certain we can fulfill your training needs, while making it fit in your budget!