Grocery store giant Walmart Gets Sued by its employee for wrongful Corona Virus Death:
OSHA Employer Responsibility and Liability: Coronavirus – COVID 19 – SARS-CoV-2
Proper procedures & protocols must be executed to “help flatten the curve of infections spreading” and lessen the impact of this deadly pandemic that has been sweeping the world and putting everyone at risk financially and in physical health.
The General Duty Clause of The Occupational Safety & Health Act of 1970 does require employers to furnish to each of their workers “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.” 29 USC 654(a)(1).
The recent COVID-19 outbreak is now a recognized hazard and can be argued that it is a major concern.
According to an OSHA Letter of Interpretation , employers can be cited for violation of the General Duty
Clause if a recognized serious hazard exists in their workplace and the employer does not take reasonable action or pro-active prevention or abate the hazard.
The General Duty Clause is used only where there is no standard that applies to the particular hazard. (See OSHA UPDATE HERE FOR MORE INFO: )
To prove a violation of the General Duty Clause set forth:
1. The employer failed to keep the workplace free of a hazard to which employees of that employer
2. The hazard was recognized.
3. The hazard was causing or was likely to cause death or serious physical harm
4. There was a feasible & useful method to correct the hazard.
If a COVID-19 infected employee comes to work and infects others, this may be a violation of the General Duty Clause that could lead to a violation if the hazard was recognized and not corrected. Correction would come by quarantine of the infected employee (not allowing him/her to return to work) and a disinfection of the work area.
We are now seeing lawsuits being filed against some of the corporate giants for not doing what they should be doing or being sued for not doing enough.
If an employee is infected by COVID-19 in the workplace, the illness must be recorded on the OSHA 300 Log and if it results in a hospitalization or fatality, it must be reported to OSHA. In the case of a fatality, OSHA will conduct an investigation and a citation and fine
could result if the General Duty Clause was found to be violated.
The CDC reports that the virus has been detected in the air for as much as 3 hours after it is in the air and up to 17 days on some hard surfaces.
Not every surface type has been tested and it is not yet known how much of the virus material itself is required to contract COVID-19.
For these reasons, the diagnostics & cleaning and disinfection processes described by CDC & OSHA continue to be the recommendation of Infection Blasters.
We are not OSHA or the CDC but we have implemented plans to give you 3rd party expert certification to aid in getting these type of claims against your business institution or by the general public coming into your area. We can’t guarantee that all these lawsuits will always end with a Company paying, but we all know that trial lawyer fees and litigation expenses are time consuming and can crumble a business.