Businesses Get Cited for COVID OSHA Violations

After criticism from labor unions and lawmakers that the U.S. Occupational Safety and Health Administration (OSHA) has not been adequately responding to COVID-19 pandemic concerns, the agency was busy in September and October citing businesses for various health and safety violations. Between Oct. 23 and Oct. 29, OSHA issued nearly $500,000 in COVID-19 citations bringing the total amount of proposed penalties against employers for failing to protect workers from coronavirus to nearly $2.5 million. Among the most recent firms cited are several grocery stores in California and health care employers in Connecticut, New Jersey and New York, all cited for “serious” violations. The businesses were specifically cited for failure to implement written respiratory protection programs and properly train workers in the use of respiratory devices; for failure to report or record injuries, illnesses or fatalities; and failure to comply with the Occupational Safety and Health Act’s general duty clause.

In its recent publications and news releases, OSHA cautions all employers to be vigilant in working to meet all OSHA requirements. The following are the most recent examples of requirements that OSHA says employers have frequently failed to follow:

• Provide a medical evaluation before a worker is fit-tested or uses a respirator.
• Perform an appropriate fit test for workers using tight-fitting respirators.
• Assess the workplace to determine if COVID-19 hazards are present, or likely to be present, which will require the use of a respirator and/or other personal protective equipment (PPE).
• Establish, implement and update a written respiratory protection program with required worksite-specific procedures.
• Provide an appropriate respirator and/or other PPE to each employee when necessary to protect the health of the employees (ensuring the respirator and/or PPE used is the correct type and size).
• Train workers to safely use respirators and/or other PPE in the workplace and retrain workers about changes in the workplace that might make previous training obsolete.
• Store respirators and other PPE properly in a way to protect them from damage, contamination and, where applicable, deformation of the facepiece and exhalation valve.
• For any fatality that occurs within 30 days of a work-related incident, report the fatality to OSHA within eight hours of finding out about it.
• Keep required records of work-related fatalities, injuries and illnesses. Employers are also encouraged to learn more about OSHA’s On-Site Consultation Program, which offers no-cost and confidential occupational safety and health services to small- and medium-sized businesses.

OSHA has compiled a set of standards used in conducting COVID-19-related inspections. Employers can learn more about those standards and relevant resources in OSHA’s in-depth analysis of Common COVID-19 Citations at https://www.osha.gov/SLTC/covid-19/covid-citations-guidance.pdf.

Also, for more guidance on OSHA standards and how to operate safely during the pandemic, visit https://www.osha.gov/Publications/OSHA3990.pdf.

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