So how about those cases that fall into a grey area? “My advice to employers would be that in the case of doubt, record or report the event,” says Principe. “You can always explain the facts, saying that you don't believe it is work-related for the following reasons, but that you are including the case out of an abundance of caution. Tis will protect you from a citation.”
Many OSHA observers believe the Biden administration will tighten criteria, determining that more infections occurred in the business environment. Tere may be a return to earlier CDC guidance which mandated that an illness be designated work related if the employee had been within six feet of another Covid-infected worker for a total of at least 15 minutes. “Te agency may start tracking infections down to employer facilities if they can do so and support the change by claiming they are trying to halt the spread of Covid,” says Principe.
“Unfortunately, the term ‘alternative explanation’ is vague, and OSHA does not provide examples.”
Finding Help
While the prospect of an OSHA inspection and citations can disturb any business owner, there is some misunderstanding about what the agency can do. “One misconception is that OSHA can come in and shut a job down,” says Mark D. Norton, Director of Norton Safety Services, Tucson, Arizona. “It's not really that easy. In cases of an eminent dangerous situation, they have to go through getting a court order to try to get the process or the activity to stop—but not necessarily to shut down the whole company. And even that doesn't happen very often.”
Indeed, the federal agency can also be helpful. “Many businesses believe that every interaction with OSHA is negative,” says Norton. “Tey don’t realize that OSHA also provides consultative services at both the federal and state level.” At the employer's request, OSHA will inspect the workplace for problem areas. While there is no charge for the service, the employer has to agree to fix whatever OSHA finds. “It’s all confidential, so nothing uncovered by the inspectors gets shared with the compliance side.”
Tat proactive approach can prevent costly citations down the road. “It’s very important to take the right steps to reduce the risk of infection in the workplace,” says Principe. “Tis will keep employees from getting sick and the employer out of trouble. I encourage businesses to track the OSHA and CDC websites on a regular basis. Know what the recommendations are. Ten if OSHA shows up at the door everything will be in order.”
46 TPI Turf News May/June 2021
Determine Your OSHA Readiness
How well have you secured your workplace against the risk of accidents and Covid infections? Find out by taking this quiz. Score 10 points for each step taken. Ten total your score and check your rating at the bottom of the chart.
1. Conducted a workplace risk assessment 2. Implemented measures to control risks
3. Developed a written accident and infection prevention plan 4. Assigned a Covid-19 mitigation plan coordinator
5. Trained employees on the plan and on preventive measures 6. Enforced the use of face coverings 7. Implemented temperatures/symptoms screening 8. Implemented cleaning protocols 9. Coordinated use of breaks and lunchrooms 10. Ensured the enforcement of sick leave policies What’s your score?
80 or more: Congratulations. You have gone a long way toward making your business environment safer for your employees.
Between 60 and 80: It’s time to fine tune your prevention procedures.
Below 60: Your business is at risk. Take action on the suggestions in the accompanying story.
Source: Constangy, Brooks, Smith & Prophete.
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