OSHA’s Updated COVID-19 Guidelines: What Businesses Should Do Now to Avoid Penalties and Legal Pitfalls
As businesses wait to see whether OSHA will issue emergency temporary standards and OSHA State Plans renew and consider their own standards, find out what your business can do now to get ready.
Hear from an OSHA 30 Certified legal specialist on the highlights of OSHA’s January 29, 2021 Guidance on Mitigating and Preventing of COVID-19 in the Workplace, how both management and employees play a role in developing and implementing the revised safety requirements, and how to minimize related legal risks.
In this pre-recorded webinar, AmTrust’s Kelley Barnett, VP Corporate Counsel – Labor and Employment and OSHA 30 Certified and Jeff Corder, VP of Loss Control shared:
- Why should businesses care about the updates, and what are the consequences of NOT caring?
- What do businesses need to know to implement OSHA’s guidelines?
- What changes should businesses implement to avoid compliance landmines and legal pitfalls and get ready for increased OSHA enforcement?
California approved emergency temporary Cal/OSHA standards on COVID-19 infection prevention on
November 30, 2020. These new temporary standards apply to most workers in California not covered by
Cal/OSHA’s Aerosol Transmissible Diseases standard.
With some exceptions, all employers and places of employment are required to establish and implement an effective written COVID-19 Prevention Program (CPP) pursuant to an Emergency Temporary Standard in place for COVID-19 (California Code of Regulations (CCR), Title 8, section 3205(c)).
Cal/OSHA has developed this model program to assist employers with creating their own unique CPP tailored to their workplace. Here is information on the regulation and a sample program for your use:
Also a link to a FAQ page about the regulation HERE
This is the link to the COVID-19 resources from Cal-OSHA. There are 5 good sections here, there is guidance by industry, FAQ’s page, training and educational materials, webinars and an online training section. All of the sections have good resources that have been helpful to me and others. I think you will find them useful as well.
Stay safe and healthy out there…
With more businesses set to slowly open their doors again, I’m certain that insurance carriers are going to start adding this Communicable Disease Exclusion onto Commercial General Liability insurance policies at renewal. I’ve reviewed various policies of my insured’s to see if this exclusion is tucked away in any current policies and I am not seeing much of it at this time, but I bet it’s coming. Here’s the policy form/exclusion I’m referencing:
It’ll be interesting to see how insurance carriers respond. Will they potentially remove it for an additional premium, or if it’ll be straight non-negotiable?
My suggestion is to keep your eyes open on your general liability policy to see if this is added at renewal and what the potential repercussions are for your business.
I think in due time, new regulations will be put in place within the insurance industry to address communicable diseases, but I feel this is critical to look at now from a Risk Management standpoint.