Risk Services Information
Risk management and human resources guides as well as frequently asked questions to help you navigate the current environment. If you have additional concerns please reach out to us for more detail.
DEPARTMENT OF LABOR UPDATES
Here are some frequently asked questions regarding risk services and beyond. For additional information and guidance please reach out to us as we are here to help.
Can OSHA cite my construction company for employees working too close that causes another employee to become ill with the virus?
Yes, OSHA could cite you under the General Duty Clause as it the employer’s responsibility to provide a work environment that is healthy and safe for each employee.
The General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health (OSH) Act of 1970, 29 USC 654(a)(1), which requires employers to furnish to each worker “employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.”
Should I place signs on our construction job-site to remind employees of the 6 foot rule?
There are signs available commercially or the employer could construct their own. A sign is a great reminder on any job-site. Not required, but advisable.
1926.21(a) General requirements. The Secretary shall, pursuant to section 107(f) of the Act, establish and supervise programs for the education and training of employers and employees in the recognition, avoidance and prevention of unsafe conditions in employments covered by the act.
As a subcontractor, we are required by our General Contractor to provide a written COVID-19 Awareness and Prevention Plan. Can you help?
Yes, we have prepared a COVID-19 Prevention Plan here.
Despite stay-at-home directives, our construction job sites are active because our work is considered Essential Infrastructure work. To ensure our healthy workers are not exposed to COVID-19 at work, can we ask our employees questions to assess their daily health?
Yes. Under the FFCRA and EEOC Pandemic guidelines, asking these questions would not violate HIPAA. Employers have a duty to protect their employees, and this would fall in that category.
If one of my employees tests positive for COVID-19, do I need to list a COVID illness as an OSHA Reportable claim on my OSHA 300 log?
COVID-19 can be a recordable illness if a worker is infected as a result of performing their work-related duties. However, employers are only responsible for recording cases of COVID-19 if all of the following are met:
- The case is a confirmed case of COVID-19
- The case is work-related, as defined by 29 CFR 1904.5; and
- The case involves one or more of the general recording criteria set forth in 29 CFR 1904.7 (e.g. medical treatment beyond first-aid, days away from work).
If there is no evidence COVID-19 was contracted at work, it is not a recordable illness. For further explanation, go to https://www.osha.gov/SLTC/covid-19/standards.html
We think one of our employees has Coronavirus. How do I do an effective deep clean and disinfect my workplace? Any resources?
Yes, On April 1, 2020 the Center for Disease Control updated their website with directions how to safely clean and disinfect your facility. See here or for more information visit https://www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-building-facility.html
I’m overwhelmed with questions regarding paid time off, and the new Families First Coronavirus Response Act. Can you help me understand and simplify the new requirements?
My team has deployed and is working home. How do I make sure they are working in a secure environment?
Is COVID-19 a compensable item as it relates to workers’ compensation claims?
It varies. See this article on the topic since it is usually based on individual cases.
For older pandemic response information, please visit our Risk Services Pandemic Response Information Archive
Please be advised that any and all information, comments, analysis, and/or recommendations set forth above relative to the possible impact of COVID-19 on potential insurance coverage or other policy implications are intended solely for informational purposes and should not be relied upon as legal advice. LP Insurance provides this information as “insurance/risk management advisors” only, not as legal counsel. We have no authority to make coverage decisions as that ability rests solely with the issuing carrier. Questions about the legal aspects of an insurance policy or contract should be referred to your legal counsel to determine the applicability of this information to your business operation. Therefore, all claims should be submitted to the carrier for evaluation. The positions expressed herein are opinions only and are not to be construed as any form of guarantee or warranty. Finally, given the extremely dynamic and rapidly evolving COVID-19 situation, comments above do not take into account any applicable pending or future legislation introduced with the intent to override, alter or amend current policy language.