Laws Governing Employee COVID Safety

With the federal unemployment ending soon, many of our employees are eager to return to the workplace. If an employee is afraid to return to work due to safety concerns, what then? Check out a few of the laws you must keep in mind when navigating this unfamiliar territory.

OSH act

Employees can refuse to work if they believe they are in imminent danger, according to the Occupational Safety and Health (OSH) Act. They must have a reasonable belief that there is a threat of death or serious physical harm likely to occur immediately or within a short period for this protection to apply.

An employee can refuse to come to work if:

The employee has a specific fear of infection that is based on fact (i.e. high risk condition, not generalized fear).
The employer cannot provide reasonable accommodations to address the employees' concern.

NLRA

The National Labor Relations Act (NLRA) grants employees at unionized and nonunionized employers the right to join together to engage in protected concerted activity (such as a strike). Employees who use such rights, including by joining together to refuse to work in unsafe conditions, are generally protected from discipline. The refusal of work has to abide on good faith to the rules listed in the OSH Act section above.

ADA

Employers should accommodate employees who request altered worksite arrangements, remote work or PTO from work due to underlying medical conditions that may put them at greater risk from coronavirus.

The EEOC's guidance on COVID-19 and the Americans with Disabilities Act (ADA) notes that accommodations may include changes to the work environment to reduce contact with others, such as using Plexiglas separators or other barriers between workstations.

FFCRA

If a health care provider advises an employee to self-quarantine because the employee is particularly vulnerable to COVID-19, the employee may be eligible for paid sick leave under the Families First Coronavirus Response Act (FFCRA). In order to be paid, the quarantine must prevent the employee from working or teleworking.

FFCRA regulations permit employers to require documentation for paid sick leave. Employers may relax documentation requirements if desired. Learn more about the FFCRA here.

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