Failure to enforce COVID-19 preventative measures results in serious OSH Act violations

The General Duty Clause of the Occupational Safety and Health (OSH) Act of 1970 requires employers to furnish a place of employment free from recognized and serious hazards, even if the danger isn’t specifically addressed by an established standard. With COVID-19’s emergence, the Occupational Safety and Health Administration (OSHA) has committed to addressing employers’ failure to protect workers from the coronavirus by issuing violations of the General Duty Clause. Specifically, the agency has shown the importance of implementing and enforcing virus policies to keep workers safe.

General Duty Clause

Enacted in 1970, the OSH Act’s purpose is to ensure every worker in the United States is provided with safe and healthy working conditions. Included in the Act is the General Duty Clause, which says every employer must furnish employment and a place of employment free from recognized hazards that cause (or are likely to cause) death or serious physical harm to employees.

Under the clause, employers must protect workers from serious and recognized workplace hazards even when no standard is established for the danger. Some examples include indoor air quality and workplace violence. In the COVID-19 era, however, a new hazard has emerged to the forefront.

COVID-19’s serious consequences