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How coronavirus is affecting the workplace

March 2020 employment law letter
Authors: 
the Fortney & Scott staff

The vast and profound impact of the coronavirus, or COVID-19, pandemic has forced employers to radically alter their ordinary operations. From suspending meetings, curtailing travel, and idling workers to shoring up credit lines in order to stay in business, employers are facing unprecedented challenges. Despite the president's declaration of a national emergency, coordinated guidance is still mostly absent. Nevertheless, employers must implement practical responses to this emergent situation in the face of numerous legal obligations. Here is a compendium of advice to assist in satisfying those obligations.

Legal obligations

OSH Act. The Occupational Safety and Health Act's (OSH Act) General Duty Clause requires employers to provide workers a place of employment that is "free from recognized hazards that are causing or are likely to cause death or serious physical harm." The Occupational Safety and Health Administration (OSHA) has approved 28 state plans that include standards and enforcement programs at least as effective as its own standards. Some state plans may even have different or more stringent requirements than OSHA's. Also, employers that host the employees of another employer may have legal obligations to those workers.

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