States Penalize Employers for Not Providing Compliant Covid-19 Safe Workplace Training
Several states have started conducting workplace investigations and issuing citations to businesses that have allegedly failed to follow state agency guidelines on safe workplace practices amid the Covid-19 pandemic. In fact, some businesses have been issued citations because they either did not provide employees with the required workplace safety training or, if the training was provided, it did not include all the prescribed elements.
The Michigan Occupational Safety and Health Administration (MIOSH) recently issued citations to businesses for not providing a safe and healthy workplace, amounting to tens of thousands of dollars in penalties.
Following several workplace inspections, the agency cited six businesses with serious violations under the Michigan Occupational Safety and Health Act. MIOSHA found that these businesses had not followed the state’s required safe workplace guidelines and therefore did not take the necessary precautions to protect employees from Covid-19. The violations included a range of deficiencies, including not implementing the required workplace mitigation practices, such as health screenings, face coverings, and cleaning measures, and failing to provide employees with mandatory workplace safety training.
Although MIOSHA found that some of the businesses did provide training, they were nevertheless issued a citation for not providing all the required elements of the mandatory workplace safety training. For example, one business was cited for failing to train employees on “the recognition of symptoms of Covid-19” and for “not keeping a record that training was completed.” Other businesses were issued citations for not providing training that covered “workplace infection-control practices” and “social distancing practices and the use of face coverings.”
The Rhode Island Department of Business Regulations, Covid-19 Task Force, has also begun conducting investigations and issuing compliance orders to businesses for not following the state’s safe workplace regulations. Likewise, Virginia is planning to hire nearly 100 employees to respond to almost 23,ooo complaints about businesses not complying with recently enacted Covid-19 regulations. California OSHA has similarly received approximately 5,000 complaints, conducted 538 inspections, and told 71 businesses to prepare for a citation.
These recent enforcement activities highlight the importance of providing Covid-19 workplace safety training that is fully compliant with the various state training mandates.
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