During this uncharted COVID-19 pandemic, there are risks that you may have never contemplated or considered. Nonetheless, every employer must be willing to adjust and make their working conditions safe as employers are still responsible for providing a safe and healthy workplace for its employees regardless of COVID-19.
Recently, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued a reminder that it is illegal for an employer to retaliate (which includes, but is not limited to, termination, demotions, denials of overtime or promotion, or reductions in pay or hours) against an employee for reporting unsafe and unhealthy working conditions during the coronavirus pandemic. Retaliation against an employee for raising concerns about a failure to provide a safe and healthy workplace may ultimately lead to a lawsuit – which will ultimately exceed any costs required to make your workplace safe.
Because many Shelter in Place Orders are being lifted, and businesses are being allowed to operate again, every employer needs to review their policies and ensure that they have taken steps to make their workplace safe and healthy for their employees. While you may be well-intentioned, inadequate attempts to make your workplace safe, or taking shortcuts, can also increase your risk of a lawsuit. If you have any questions regarding your current policies, if you are unsure of what steps you need to take at your workplace to ensure the safety and health of your employees, or unclear if the steps you have taken are adequate, please contact the Employer Lawyers at Chauvel & Glatt.
The material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute, legal advice or promise similar outcomes. For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500.