OSHA Issues $1M+ in COVID-19 Fines

Updated November 10^th, 2020 On November 6th, 2020, the Occupational Safety and Health Administration (OSHA) announced a total in proposed penalties for coronavirus violations. Since the start of the pandemic through October 29^th, 2020, the agency has cited 179 establishments for related violations. These proposed penalties total $2,496,768.

Overview of Violations

OSHA inspections have resulted in the agency citing employers for violations, including failures to:

• Implement a written respiratory protection program;
• Provide a medical evaluation, respirator fit test, training on the proper uses of respirators and personal protective equipment;
• Report an injury, illness, or fatality;
• Record an injury or illness on OSHA recordkeeping forms; and
• Comply with the General Duty Clause of the Occupational Safety and Health Act of 1970.

OSHA had already announced citations relating to the coronavirus arising out of 144 inspections. As of the date of this blog post, an additional 35 establishments received coronavirus-related citations. OSHA’s Establishment Search website, which is periodically updated, contains more information about individual citations. The agency has also created a website with a full list of standards cited for each establishment.

OSHA COVID-19 Resources

Recently, OSHA announced the publication of additional COVID-19-related frequently asked questions and answers (FAQs). The new FAQs discuss the need to report employees’ in-patient hospitalizations and fatalities resulting from work-related cases of the coronavirus. As reported in October, OSHA has been updating these FAQs with new information since the beginning of the global pandemic. This release was OSHA’s latest effort to offer information on how it enforces standards and regulations during the pandemic. OSHA has also previously published revised enforcement guidance detailing how OSHA enforces recordkeeping requirements for coronavirus illnesses. For more COVID-19-related information, employers can visit OSHA’s COVID-19 webpage.

Employer Takeaways

Under the Occupational Safety and Health Act of 1970 (OSH Act), employers are responsible for providing safe workplaces for employees. Since the beginning of the pandemic, OSHA has stated that employers have a responsibility to handle workplace COVID-19-related issues. This could include creating new policies, reporting and recording cases of COVID-19-related injuries or illness, and implementing proper training. By complying with the OSH Act, employers can keep employees safe and healthy and avoid possible fines and penalties.