I am getting a shocking number of calls from workers whose employers are refusing to provide protective equipment or enforce social distancing rules in the workplace. I understand that employers are still trying to figure this out, but it seems that some are placing their employees in unnecessary danger.
The state and federal government have, so far at least, done very little to protect those who continue to work. Because this situation is so new, existing laws may not directly apply, and there is a lot of uncertainty. This is what I can tell you right now.
OSHA and the Pennsylvania Department of Health haves issued a series of “recommendations” and “guidance” to employers regarding COVID-19 precautions. “Recommendations” and “guidance” are generally just that – they are not requirements or rules. Some employers may feel free to ignore them because of this. We won’t know until this is over whether an employer’s refusal to follow these “recommendations” will subject it to legal liability. Hopefully the state and federal government will give these “recommendations” some teeth and make them requirements. Tell your representatives to fix this.
There may be some protections in the federal rules. The federal Occupational Safety and Health (OSH) Act of 1970, contains a General Duty Clause which requires employers to provide each worker “employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.”
Of course, at this time there are no court rulings about whether an employer’s failure to provide protective equipment, permit social distancing, etc. would violate this part of the OSH Act or some other law. However it is clear that it is illegal for an employer to retaliate against a worker who complains about OSHA violations.
If you believe that your workplace is unsafe, you should politely complain to your employer and you should document your complaint. Use email, text, etc. – something that you can save so that you can prove it later if needed. If the situation is not addressed, complain again. Always be respectful and polite. Suggest a solution if you can think of one.
Hopefully, your employer will listen and do everything it can to keep you and other employees safe. If your employer retaliates against you for complaining about a legitimate safety issue in the workplace, you may have a legal claim against your employer. If you are concerned about the way that your workplace is operating during the COVID-19 crisis, contact us.