Question: What can I do if my employer fires me or takes other action against me for raising workplace safety and health concerns related to COVID-19?

Answer:

Section 11(c) of the Occupational Safety and Health Act of 1970 (29 USC 660(c)) prohibits employers from retaliating against workers for exercising a variety of rights guaranteed under the law, such as filing a safety or health complaint with OSHA, raising a health and safety concern with their employers, participating in an OSHA inspection, or reporting a work-related injury or illness. Additionally, OSHA's Whistleblower Protection Program enforces the provisions of more than 20 industry-specific federal laws protecting employees from retaliation for raising or reporting concerns about hazards or violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, securities, and tax laws.

If you believe you have suffered such retaliation, submit a complaint to OSHA as soon as possible in order to ensure that you file the complaint within the legal time limits, some of which may be as short as 30 days from the date you learned of or experienced retaliation. An employee can file a complaint with OSHA by visiting or calling his or her local OSHA office; sending a written complaint via fax, mail, or email to the closest OSHA office; or filing a complaint online. No particular form is required and complaints may be submitted in any language.

Visit OSHA's Whistleblower Protection Program website for more information.

Question: I work as a delivery driver. Many shippers/receivers have changed their policies regarding driver access to their facilities during the COVID-19 pandemic and have forbidden use of their restrooms. Is there an OSHA requirement that shippers/receivers provi

Answer:

You should talk to your supervisor about alternatives for restroom breaks along your driving route.

Your employer (not the shipper/receiver) is required to make sure you do not suffer adverse health effects that could result from lack of access to a toilet. OSHA has sanitation standards (29 CFR 1910.141, 29 CFR 1926.51, 29 CFR 1928.110, 29 CFR 1915.88, and 29 CFR 1917.127) intended to ensure that workers do not suffer adverse health effects that can result if toilets are not sanitary and/or are not available when needed. However, some of these standards may not apply to mobile crews, or normally unattended work locations, so long as those locations have transportation immediately available to nearby toilet and sanitation facilities.

Question: Does OSHA require employers to make restrooms and handwashing facilities available to workers?

Answer:

Yes, OSHA's sanitation standards (29 CFR 1910.141, 29 CFR 1926.51, 29 CFR 1928.110, 29 CFR 1915.88, and 29 CFR 1917.127) cover these topics.

Question: An employee has died of a work-related, confirmed case of COVID-19. Do I need to report this fatality to OSHA?

Answer:

Under 29 CFR 1904.39(b)(6), an employer must "report a fatality to OSHA if the fatality occurs within thirty (30) days of the work-related incident." For cases of COVID-19, the term "incident" means an exposure to SARS-CoV-2 in the workplace.  Therefore, in order to be reportable, a fatality due to COVID-19 must occur within 30 days of an exposure to SARS-CoV-2 at work.  The employer must report the fatality within eight hours of knowing both that the employee has died, and that the cause of death was a work-related case of COVID-19.  Thus, if an employer learns that an employee died within 30 days of a work-related incident, and determines afterward that the cause of the death was a work-related case of COVID-19, the case must be reported within eight hours of that determination.

Employers should note that 29 CFR 1904.39(b)(6)'s limitation only applies to reporting; employers who are required to keep OSHA injury and illness records must still record work-related fatalities, as required by 29 CFR 1904.4(a). For more information on recording cases of COVID-19, see https://www.osha.gov/memos/2020-05-19/revised-enforcement-guidance-recording-cases-coronavirus-disease-2019-covid-19.

Question: An employee has been hospitalized with a work-related, confirmed case of COVID-19. Do I need to report this in-patient hospitalization to OSHA?

Answer:

Under 29 CFR 1904.39(b)(6), employers are only required to report in-patient hospitalizations to OSHA if the hospitalization "occurs within twenty-four (24) hours of the work-related incident." For cases of COVID-19, the term "incident" means an exposure to SARS-CoV-2 in the workplace. Therefore, in order to be reportable, an in-patient hospitalization due to COVID-19 must occur within 24 hours of an exposure to SARS-CoV-2 at work. The employer must report such hospitalization within 24 hours of knowing both that the employee has been in-patient hospitalized and that the reason for the hospitalization was a work-related case of COVID-19. Thus, if an employer learns that an employee was in-patient hospitalized within 24 hours of a work-related incident, and determines afterward that the cause of the in-patient hospitalization was a work-related case of COVID-19, the case must be reported within 24 hours of that determination. See 29 CFR 1904.39(a)(2), (b)(7)-(b)(8).

Employers should note that 29 CFR 1904.39(b)(6)'s limitation only applies to reporting; employers who are required to keep OSHA injury and illness records must still record work-related confirmed cases of COVID-19, as required by 29 CFR 1904.4(a). For more information on recording cases of COVID-19, see https://www.osha.gov/memos/2020-05-19/revised-enforcement-guidance-recording-cases-coronavirus-disease-2019-covid-19.

Question: How do I report the fatality or in-patient hospitalization of an employee with a confirmed, work-related case of COVID-19?

Answer:

You may report a fatality or in-patient hospitalization using any one of the following:

• Call the nearest OSHA office;
• Call the OSHA 24-hour hotline at 1-800-321-OSHA (6742); or
• By electronic submission, report online.

Be prepared to supply: Business name; name(s) of employee(s) affected; location and time of the incident; brief description of the incident; and contact person and phone number so that OSHA may follow-up with you (unless you wish to make the report anonymously).

Question: My organization is experiencing a supply shortage of N95 filtering facepiece respirators. What alternatives are available if N95s are required to protect my employees?

Answer:

In light of a Presidential Memorandum on making general-use respirators available for healthcare workers during the COVID-19 pandemic, OSHA has issued temporary enforcement guidance for the Respiratory Protection standard (29 CFR 1910.134) for:

• Required annual fit-testing.
• Supply shortages of disposable N95 filtering facepiece respirators.
• Use of respiratory protection equipment certified under standards of other countries.
• Decontamination of filtering facepiece respirators in healthcare.

OSHA enforcement guidance describes additional measures employers can take to ensure workers have appropriate respiratory protection during the COVID-19 pandemic.

Although OSHA's enforcement guidance describes equipment prioritization that includes surgical masks as potential considerations in some circumstances when respirators are not available, employers must still comply with the provisions of any standards that apply to the types of exposures their workers may face. For example, the permissible exposure limits of all substance-specific standards, such as asbestos and silica, remain in place, and surgical masks are not an acceptable means of protection when respirators would otherwise be required (e.g., when engineering, administrative, and work practice controls do not sufficiently control exposures).

If respirators are needed but not available (including as described in the OSHA enforcement guidance noted above), and hazards cannot otherwise be adequately controlled through other elements of the hierarchy of controls (i.e., elimination, substitution, engineering controls, administrative controls, and/or safe work practices), avoid worker exposure to the hazard. Whenever a hazard presents an imminent danger, and in additional situations whenever feasible, the task should be delayed until feasible control measures are available to prevent exposures or reduce them to acceptable levels (i.e., at or below applicable OSHA permissible exposure limits).

The CDC/National Institute for Occupational Safety and Health, National Personal Protective Technology Laboratory (NPPTL), provides additional information on SARS-CoV-2, the virus that causes COVID-19, and PPE.

Question: Can I bring my own personal protective equipment to use at work if I believe I am at risk of exposure to SARS-CoV-2, the virus that causes COVID-19, on the job?

Answer:

OSHA requires covered employers to provide required personal protective equipment (PPE) necessary to protect you on the job. Your employer should follow the latest OSHA and CDC guidance, including on hazard assessment and PPE selection.

For PPE that is not determined to be required to protect workers, your employer may permit or prohibit the use of worker's personal equipment. CDC recommends universal use of cloth face coverings, which are not considered PPE. Growing evidence shows that cloth face coverings help prevent the spread of SARS-CoV-2.

Employers must train workers about how to put on, use, and take off PPE safely.

For more information, see OSHA's PPE Safety and Health Topics page and the PPE standards (29 CFR Part 1910, Subpart I).

Question: My employer is requiring me to sign a liability waiver upon returning to work. Does this prevent me from filing a complaint about safety, health, or retaliation?

Answer:

Nothing in a liability waiver prevents or precludes an employee's right to file a complaint under the Occupational Safety and Health Act. The worker continues to have the right to file a safety or health complaint under section 8(f) and/or a retaliation complaint under section 11(c), regardless of any language contained in the waiver.

Question: Does OSHA's guidance for healthcare apply to healthcare provided outside of hospitals?

Answer:

Yes, OSHA's guidance for healthcare applies to other types of healthcare and healthcare support services, including home healthcare, physical therapy, occupational therapy, and chiropractic care.

See the Healthcare section of OSHA's COVID-19 Safety and Health Topics page for more information.