Breaking News
President Trump Says Administration Would Like to Avoid Making Companies Liable for Coronavirus Among Employees
President Trump said during a coronavirus task force briefing that the administration would like to avoid making companies liable if employees coming back to work would contract the virus.
“We had tried to take liability away from these companies,” Trump said. He went on to add that “We just don’t want that. We want the companies to open, and to open strong.”
According to the president, “not one” business executive has expressed any specific concerns. However, they have asked about liability on the virus.
The Occupational Safety and Health Act requires employers to provide their employees “a place of employment which are free from recognized hazards,” as stated in its general duty clause. These “hazards” include those that cause or could likely cause “death or serious physical harm to his employees.”
Fox Business reported that the federal Occupational Safety and Health Administration (OSHA) can cite employers for violating the general duty clause if they encounter recognized hazards and they do not implement measures to abate or prevent it.
It's possible for employees to contract the virus on the job. Therefore, they are entitled to receive “temporary total disability benefits in lieu of wages,” according to global law firm Seyfarth-Shaw. Employers should also provide “reasonable and necessary medical treatment and an award for any resulting permanent disability.”
Plans for Reopening
United States Chamber of Commerce President Suzanne Clark has recently outlined in a letter the criteria for a safe workplace. This is set to possibly be implemented when businesses reopen. A safe workplace needs the use of personal protective equipment (PPE) such as masks, respirators, and physical barriers. She added that employers can face lawsuits for a limited supply or lack of training of PPE.
“OSHA requires employers to be responsible for ensuring the availability of such equipment and training employees on the use of the equipment,” Clark said.
Clark added that it would be nearly impossible for every employer to make PPE available once the country reopens. The federal government needs to clarify the “scope of liability for the provision … of PPE.”
“This is simply not possible if PPE becomes recommended in all workplaces,” Clark said. “The federal government should make clear that PPE recommended specifically to combat the spread of COVID-19 is not subject to the normal OSHA requirements around workplace PPE.”
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