Covid-19 Employee Safety Training Requirements

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2. Covid-19 Employee Safety Training Requirements Numerous Executive Orders, OSHA and state agency guidelines, and court cases have made it essential that employers provide all employees Covid-19 workplace safety training. As discussed below, OSHA and the CDC have advised all employers nationwide to provide Covid-19 safety training to their employees. Indeed, more than a dozen states currently require Covid-19 training before or upon employees return to the workplace. Each state requires that specific content be included in the training. Employers who fail to provide coronavirus safety training may increase the risk of lawsuits from employees who contract Covid-19. Indeed, there has been a sharp increase in lawsuits filed against employers relating to Covid-19, in addition to claims involving OSHA, Workers’ Compensation, personal injury, and other tort claims. Employers that provide Covid-19 safe workplace training reduce the risk of exposure to such claims while also demonstrating concern for employee well-being. States Requiring Workplace Safety Training In response to the Covid-19 pandemic, the following states now require businesses to implement employee workplace safety training: ●California ●Connecticut ●Illinois ●Kentucky ●Massachusetts ●Maine (Retail) ●Michigan ●Minnesota ●New Hampshire ●New Mexico ●New York ●Oregon ●Rhode Island ●Vermont ●Washington info@clearlawinstitute.com | 703-372-0550

3. Many states have also outlined specific content that must be included in the training. While the required training content varies by state, it often includes topics such as: ●Description of Covid-19 symptoms ●Explanation of asymptomatic and pre-symptomatic spread ●When to seek medical attention ●Preventing spread at the workplace ○Proper social distancing ○How to use, wear, take off, and launder cloth face coverings ●Cough and sneeze etiquette ●Proper handwashing techniques ●Providing tissues, no-touch trash cans, handwashing supplies and sanitizer ●Avoiding touching eyes, nose, and mouth with unwashed hands ●Avoiding sharing personal items with co-workers ●Safely using cleaners and disinfectants, including: ○The hazards of the cleaners and disinfectants used at the worksite ○Wearing PPE (such as gloves) ○Ensuring cleaners and disinfectants are used in a manner that does not endanger employees Several other states encourage employers to provide Covid-19 employee training to ensure a safe and healthy workplace. Given that over 30 states have also mandated face coverings in the workplace, it is vital that employees are trained on when face coverings are required at work, and how to correctly put on, wear, take off, and either launder or dispose of face coverings. Implementing this type of training will help protect employee health and safety and adhere to varying face-covering workplace requirements. OSHA and CDC Guidance The Occupational Safety and Health Administration (OSHA) recently issued Guidance on Returning to Work, which advises employers to provide workplace safety training for employees on topics including: ●The signs, symptoms, and risk factors associated with COVID-19 ●How employees might be exposed to Covid-19 in the workplace ●How to prevent the spread of Covid-19 at work ●What employees can do to protect themselves ●What the employer is doing to protect employees ●How wearing cloth face coverings in the workplace can prevent the spread of Covid-19 and considerations for when cloth face coverings could cause or contribute to a workplace safety and health hazard info@clearlawinstitute.com | 703-372-0550

4. Although OSHA noted that the guidance does not impose any new legal obligation, the guidance, including the recommended training, is intended to help employers comply with the safety and health standards under the “General Duty” clause of the Occupational Safety and Health Act. In May, the Centers for Disease Control (CDC) issued Interim Guidance for Businesses and Employers Responding to Coronavirus Disease, which also recommends workplace safety training. The CDC advises the following topics be included in the training: ●Signs and symptoms of infection ●Staying home when ill ●Social distancing ●Personal protective equipment ●Hand hygiene practices ●Identifying and minimizing potential routes of transmission The CDC also stresses that employers continue to provide accurate and timely Covid-19 information to employees. As we know, disease prevention and safety information changes on a regular basis, and it is more critical than ever to stay abreast of fluctuating and newly issued workplace guidelines. Workplace Safety Training Minimizes Liability Workplace litigation relating to Covid-19 has sharply increased, highlighting the implications of non-compliance with new workplace laws, Executive Orders, and federal and state safe workplace guidelines. Employment claims based on personal injury or failure to provide a safe workplace generally rest on a central theme -- the lack of communication between the employer and employees. In these cases, employees typically allege the employer failed to communicate workplace safety hazards to employees and did not provide adequate information about how to mitigate safety hazards in the workplace. Federal Workplace Safety Claims Under OSHA’s “General Duty” clause, employers must provide a safe and healthful workplace that is free from known hazards. There are four required elements of a General Duty Clause violation: info@clearlawinstitute.com | 703-372-0550

5. ●The employer failed to keep the workplace free of a hazard to which employees were exposed; ●The hazard was recognized; ●The hazard was causing or was likely to cause death or serious physical harm; and ●There was a feasible and useful method to correct the hazard. Given how easily Covid-19 spreads, OSHA could reasonably issue a citation should the coronavirus permeate the workplace and the employer is unable to show it provided the required safe and healthful workplace free of known hazards. In the event such a claim arises, the employer can bolster its defense by showing it implemented the recommended safety precautions, including workplace safety training, consistent with OSHA and CDC guidance and applicable state guidelines. In other words, the employer would be able to show that while it knew of the hazard -- in this case Covid-19 -- which has been proven to cause serious physical harm or death in some cases -- the employer followed applicable federal and state guidelines to correct the hazard by, along with other safety measures, administering workplace safety training to assure employee awareness on the risks associated with the hazard and how to protect themselves and others from the potential workplace hazard. State Workplace Safety Claims Employers should also be mindful of the relevant state workplace safety agencies that have similar enforcement powers as OSHA. For instance, employees in Oregon are required to wear face coverings in certain workplaces to prevent the spread of the coronavirus, and the state's workplace safety agency has been tapped to enforce this new rule. The Oregon Occupational Safety and Health Administration has been flooded with thousands of Covid-related complaints and received a staggering 750 complaints over the course of the July 4th weekend alone. All that said, employers can often avoid needlessly defending workplace safety complaints by providing a workplace in which employees feel safe and do not feel the need to complain. Employees are less likely to complain if they believe their employer has taken the safety precautions necessary to protect them in the workplace, such as training on safe workplace practices, which each employee is expected to personally administer. Workers’ Compensation Claims Workers’ compensation claims relating to viruses, such as the flu, have traditionally been rejected due to the employee’s inability to prove the infection occurred in the info@clearlawinstitute.com | 703-372-0550

6. workplace. However, several states are considering legislation that would extend workers’ compensation laws to presumptively cover Covid-19-related illnesses for certain classes of employees. California, New York, and Wyoming have also passed legislation that would amend workers’ compensation laws to include Covid-19-related illnesses as an injury eligible for coverage. Employee workplace safety training can help mitigate the potential for Covid-19-related illness in the workplace and any resulting workers’ compensation liability. Personal Injury and Other Tort Claims Other liability issues that could arise for not implementing workplace safety training include tort claims, such as wrongful death, if the employee’s family can prove the employer acted “negligently” or “recklessly” in failing to provide a safe workplace. The success of such a claim could reasonably be supported by showing the employer failed to comply with applicable agency guidance, such as not providing the required or recommended workplace safety training. Other tort claims include negligence, public nuisance, intentional infliction of emotional distress, and intentional or negligent misrepresentation. In a recent case against several McDonald’s franchises in Chicago, Illinois, a Circuit Court judge issued a preliminary injunction ordering franchisees to train employees on proper social distancing and enforce mask-wearing policies, in compliance with the Illinois Governor’s Order. Five employees brought the lawsuit against McDonald’s franchisees, claiming the restaurants acted negligently and created a public nuisance by not correctly and adequately training employees on social distancing and failing to enforce face-covering requirements. Relying on the Governor’s Order and state agency guidance, the court found plaintiffs were successful in showing the possibility of infection at the workplace and subsequent injury was “highly probable.” As a result, the court ordered the restaurants to provide employee training on appropriate social distancing practices in the workplace and to properly enforce face-covering requirements. While a handful of states are considering legislation to protect employers from certain tort claims related to Covid-19, provided the employer acted in good faith to protect employees, workplace safety training can help minimize employee exposure to Covid-19 in all 50 states. These are extraordinary times for all of us, and employees who feel safe in the workplace will not only want to return to work but will be less likely to complain to federal or state agencies or bring a lawsuit against their employer should Covid-19 infiltrate the workplace. info@clearlawinstitute.com | 703-372-0550

7. Covid-19 Safe Workplace Online Training Clear Law Institute has created an interactive, self-paced online training that complies with OSHA and CDC Guidelines and the laws in those states that currently require Covid-19 workplace safety training. Clear Law monitors state-issued orders from all 50 states and updates our training daily as workplace guidance changes. Clear Law Institute’s online course, COVID-19 Safe Workplace Training, is fully narrated and includes numerous interactive animations, video demonstrations, and exercises to keep employees engaged while also learning the essential workplace safety measures needed to protect their health and the health and safety of other employees. Clear Law Institute provides online compliance training for more than 1,000 employers, including numerous Fortune 500 companies. Click here to receive a FREE Trial of COVID-19 Safe Workplace Training. info@clearlawinstitute.com | 703-372-0550