Helping Employers Meet New Regulatory Compliance Responsibilities
Many lawyers, regulatory compliance and occupational safety experts believe the provision of face coverings to employees by employees is fraught with a variety of unforeseen legal, regulatory and insurance obligations, exposures, risks and costs. Prudence dictates that these are best addressed up.
OSHA's “general duty clause” requires employers to provide their employees with a safe workplace free of hazards. Strong arguments are being made that by furnishing face coverings to their employees that are required to be worn, an “administrative control” measure is being undertaken that triggers certain OSHA compliance responsibilities re: personal protective equipment (PPE). Further, recently enacted legislation, executive orders and regulatory actions make COVID-19 an illness that is covered under workers' compensation in many states.
Employers are well-advised to develop a clear face covering policy and require the exclusive use of a “company standard” face covering (that tracks the recent CDC Scientific Briefing) that offers some degree of protection for the wearer − the Stay Safer Reusable Protective Face Covering has many r Reusable Protective Face Covering has many features that make it distinctively different that any other reusable fabric face mask.
For further discussion on this topic, click here and go to page 44 of The Definitive Employer Guide to Purchasing Face Masks... .