COVID-19 has been challenging for all of us, including employers. But like the rest of us, employer have a duty to do their best to keep people safe.
Sadly, state and federal agencies have not mandated any specific actions for employers to take during the coronavirus pandemic to keep their employers safe. There are state and federal “recommendations” and “guidelines” that discuss masks, gloves, distancing, etc. but guidelines and recommendations are not requirements. The OSHA guidelines are here.
But that doesn’t mean that employers are off the hook. OSHA has stated that despite the lack of specific directives regarding coronavirus safety measures, the OSHA General Duty Clause, which requires employers to give 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” applies to coronavirus safety. And OSHA has reminded employers that “it is illegal to retaliate against workers because they report unsafe and unhealthful working conditions during the coronavirus pandemic”
If your employer retaliates against you for “blowing the whistle” on unsafe practices. DO NOT HESITATE. Under federal law you have as little as 30 days to file your complaint. Complain information, forms and phone numbers, are here.
You may have protections under Pennsylvania law as well. If you have any questions or need any guidance, please call Barron Law at 570-824-3088.