Are Your Business’s Safety Practices Up to the New Standards?

There are many different laws and regulations that affect businesses, and staying abreast of changes to these standards is not always easy. This has become an especially complex issue during the COVID-19 pandemic, since federal and state regulations are constantly being updated to ensure that employees and customers can stay safe. Each state has different rules and regulations, and federal agencies such as the Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control and Prevention (CDC) have issued new rules and guidance to address ongoing safety issues. While the “new normal” in the United States has not yet been determined, business owners will need to make sure their bases are covered as they take steps to protect the safety of their employees and customers. 

Updated Standards to Protect Against Covid Infections

In November of 2021, OSHA issued an emergency temporary standard (ETS) that was meant to help protect employees from suffering harm due to possible exposures to COVID-19 in the workplace. This standard applies to all employers with at least 100 employees, and it requires them to create a mandatory COVID-19 vaccination policy and ensure that this policy is enforced. Employers may require employees to be vaccinated, or they may create a policy in which employees can choose to be vaccinated or receive regular Covid tests and wear face coverings while in the workplace.

Employers are also required to:

• Document each employee’s vaccination status and obtain proof of vaccination for all vaccinated employees.
• Provide employees with paid time off that is necessary to receive Covid vaccinations or recover from side effects.
• Ensure that employees provide notice after testing positive for COVID-19. These employees may not be allowed to return to the workplace until they demonstrate that they meet criteria to ensure that others will be safe from potential infections.
• Ensure that unvaccinated employees receive COVID-19 tests on at least a weekly basis and wear face coverings while they are indoors or share vehicles with others.

The ETS states that employers are not required to pay for employee Covid tests or face masks used by employees while working. However, Illinois law states that employers cannot require employees to pay for medical examinations that are required as a condition of employment. Employees may file claims for reimbursement for any out-of-pocket expenses related to mandatory COVID-19 testing.

By working with a business law attorney, a business can address ongoing changes to safety standards and regulations and make sure it is protected from potential liability.

Contact Our Illinois Business Safety Regulations Attorneys

As a business owner, you will need to make sure you are prepared to address changes in safety regulations and maintain compliance with laws related to COVID-19 and other health issues. The Gierach Law Firm can provide legal guidance in these areas, and we will work with you to make sure you are not opening yourself up to liability related to the safety of your employees, customers, or other parties. To get legal help with matters related to safety standards and regulations, contact our Naperville business lawyers by calling 630-228-9413.

Sources:

OSHA

Illinois Department of Public Health