Tip #1: Ask a third-party to audit your company’s COVID-19 safety policies, practices, and daily operations.
Civil liability is based on a failure to act with appropriate care. In the context of COVID-19, appropriate care may be demonstrated through compliance with guidelines set by the Centers for Disease Control and Prevention (CDC), the Occupational Health and Safety Administration (OSHA), and the relevant state agencies. An effective third-party audit should include a comprehensive review of your company’s compliance with said guidelines and recommendations for compliance improvements.
Tip #2: In case of a confirmed case of COVID-19, develop a plan of action to respond
If your workplace is exposed to COVID-19, it is best for all employees to respond according to a protocol that is based on federal and state standards.
Tip #3: Stay up-to-date with state and local standards.
COVID-19 safety regulations are more intensively managed on a state level than a federal one. For full compliance, employers should seek guidance to stay on top of dynamic state and local standards.
Tip #4: Do not depend on liability waivers.
Gross negligence usually cannot be waived. OSHA’s safety standards and workers’ compensation claims are generally not waivable, even if your state law allows for it. Employees could sign an acknowledgment of your safety plan and COVID-19 reporting procedure, as this would demonstrate that your workplace is serious about compliance.
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