Businesses Begin to Open, and So Do Worker Safety Lawsuits

As the country prepared to reopen in the coming weeks and months, workers do not want to put themselves at risk, and employers want to ensure they will not be sued if workers get sick.

When is it safe for people to go back to work? What about the health of workers? What if employees get sick? Do employers have liability?

Senate Majority Leader Mitch McConnell said liability protection for employers must be included in the next round of pandemic relief legislation, according to an NPR article.

“If there's any red line, it's on litigation,” McConnell said Tuesday. “The litigation epidemic has already begun. As of the end of last week, one report had it that 771 lawsuits had already been filed. This is going to impact our ability to begin to get back to work.”

However, workers’ rights advocates say shielding employers from liability is not necessary and could actually backfire. Many are worry that if laws protect employers completely, there will be no effort to ensure workplaces are actually safe.

“If the laws simply give immunity to corporations, there will be absolutely no incentives to ensure that they create a safe work environment,” said Remington A. Gregg, a lawyer with the watchdog group Public Citizen. Granting legal immunity, he says, will “sabotage the effort to get workers and consumers back. If people don't trust that stores, offices and workplaces are safe, they will refuse to return.”

McConnell has not detailed what kind of legal protection employers are looking for. The U.S. Chamber of Commerce suggests that it could be narrowly tailored.

“No one wants to protect bad actors here,” said Neil Bradley, the chambers chief policy officer. “But businesses that are trying to do the right thing shouldn't be second-guessed a year later in a court of law.”

Bradley suggested employers would only be shielded from lawsuits if they followed the guidelines of the Centers for Disease Control and Prevention and the Occupational Safety and Health Administration, the federal workplace safety agency.

Bradley says that if a business does its best to comply with those recommendations, that should safeguard them from frivolous lawsuits. However, “if they are willfully forcing workers to work in unsafe conditions, then they don't have that liability protection.”

That being said, some worker advocates complain that the CDC and OSHA have not provided employers with adequate guidance.

The recent mandate that meat processing plants stay open is one of the biggest examples of this debate. Last week, President Trump signed an order designed to keep meat plants open, even though hundreds of workers at those facilities have been sickened with COVID-19.

The move angered workers and their unions who felt it protected plant owners at the expense of their employers.

“People feel helpless. I mean they feel like they have no voice,” said Kim Cordova, president of the United Food and Commercial Workers Local 7, which represents workers at a Colorado meat processing plant where six people died. “They're going to force them to go to work but then not give them the safety protocols. And then companies don't have to worry about their liability?”

Laws regarding a workers’ unemployment benefits if they are offered back their jobs vary by state. However, the debate and discussion regarding worker safety and employer liability continues.

Industrial Hygiene Product Showcase

  • SECUMAX 350 SE

    SECUMAX 350 SE

    Efficient, ergonomic, and eco-friendly. Safety is about to get a whole lot greener with MARTOR's new safety knives made of recycled plastic coming soon! Contact us today for more information and to request a free sample. 3

  • Donaldson iCue™ Connected Filtration Monitoring

    Donaldson iCue™ Connected Filtration Monitoring

    Donaldson's iCue™ Connected Filtration Monitoring technology is designed to remotely monitor a facility’s dust, fume, and mist collection equipment and provide operational insights. When connected to your facility’s dust collection system, the iCue service, can track three sets of operational data relevant to EHS professionals including differential pressure (dP), particulate trend monitoring, and relative airflow. The iCue connected filtration service monitors all three conditions and provides real-time data for accurate compliance reporting. 3

  • The MGC Simple Plus

    The MGC Simple Plus

    The MGC Simple Plus is a simple-to-use, portable multi gas detector that runs continuously for three years without needing to be recharged or routinely calibrated after its initial charge and calibration during manufacturing. The detector reliably tests a worksite’s atmosphere for hydrogen sulfide, carbon monoxide, oxygen and combustible gases (LEL). Additionally, it is durable enough to withstand the harshest treatment and environments, which is why it has an IP 68 rating. The MGC Simple Plus is also compatible with a variety of accessories, such as Gas Clip Technologies’ new GCT External Pump. Visit gascliptech.com for more information. 3

Featured

Webinars