Current Trends in COVID-19 Legal Liabilities & OSHA Violations

Posted on October 12, 2021 by Denise Scotti-Smith PHR
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In a Hypothetical Situation, How Would You Defend Yourself?

According to the most recent legal and insurance trends, employers will need to prove that they had adequate protective measures in place to prevent the spread of COVID-19 in the workplace. If your business was faced with negligence or a wrongful death claim, how would you defend yourself? What proof can you submit as evidence? Review the following trends to guide your proactive defensive strategies!

Employer practices leading to Current COVID-19 Workplace Illness & Death Claims

  • Failure to follow the Center for Disease Control and Prevention (CDC) and / or OSHA guidelines
  • Failure to develop an Infectious Disease Preparedness and Response Plan as recommended by the CDC
  • Failure to provide soaps, wipes and cleaning agents as recommended by the CDC
  • Hiring employees remotely without screening them for COVID-19 symptoms before starting work

Current OSHA Violations and Active Lawsuits

  • Failure to properly clean and sanitize the store and to conduct periodic inspections of the store, and failed to  train employees in such infection control procedures
  • Failure to follow the Occupational Health and Safety Administration’s (OSHA) workplace standards and guidance for COVID-19
  • Failure to implement engineering controls designed to prevent COVID-19 infection (e.g., physical barriers, sneeze guard, and high-efficiency air filters)
  • Failure to implement and enforce social distancing guidelines
  • Failure to provide employees with personal protective equipment (PPE) such as masks and gloves
  • Failure to address employees with apparent COVID-19 symptoms, failed to implement policies to identify and isolate sick employees, and failed to close the workplace / store when it realized employees were exhibiting COVID19 symptoms

Read my HR tips and strategies for minimizing COVID-19 related liabilities and costs here.

©Denise Scotti-Smith 2021.  All Rights Reserved

About Denise Scotti-Smith PHR

Denise Scotti-Smith PHR, SHRM-CP is the Founder and President of Mission Accomplished Consulting, LLC. As a Certified Executive & Leadership Coach, she provides coaching, risk management services, consulting, outsourcing and on-site management training. With a Master's in Organizational & Human Resource Management and about 30 years of leadership experience, she specializes in risk management, organizational development, strategic planning, leadership & employee development, change management, operations management, employee relations, and HR law. For more information, go to http://www.missionllc.org.
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