While the ETS will have reporting and enforcement criteria, the voluntary guidance for other workplaces will not have any legal status or enforcement potential. The majority of workers in the US are employed in a non-healthcare setting.
The confusion of how employers and their insurance companies can adequately safeguard the workplace has now created a legal ambiguity. Workers’ Compensation insurance provides only a remedial and statutorily limited recovery basis. Both paid-time-off and medical insurance coverage for COVID-19 claims remain unanswered. All workers should be protected by OSHA through enforceable standards. The civil legal liability for failure to take appropriate precautions and protocols will now create a long, uncertain, and arduous road ahead through litigation. This could have been avoided, and the health of workers fully protected, if OSHA had acted with greater speed and diligence.
With Only 41% of U.S. Vaccinated, Biden Abandons Promised COVID Workplace Safety Regulations, Payday Report June 10, 2021
OSHA issues a new Covid safety rule, but only for the health care industry NYTimes 6/10/2021
Death by Overwork 5/30/21
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 firstname.lastname@example.org has been representing injured workers and their families who have suffered occupational accidents and illnesses.
Blog: Workers ' Compensation
LinkedIn Group: Injured Workers Law & Advocacy Group
Author: "Workers' Compensation Law" Thomson-Reuters