COVID-19 Workplace Safety Attorney

California's Cal/OSHA COVID-19 Prevention Standard requires employers to maintain a written prevention program, provide respirators upon request during outbreaks, notify employees of exposures, and follow exclusion and return-to-work guidelines. Federal OSHA's General Duty Clause applies nationwide. While many emergency standards have expired, core obligations to protect workers from recognized infectious disease hazards remain.

No. Retaliation for reporting COVID-19 safety violations is protected under OSHA Section 11(c), California Labor Code §§ 6310-6311, and New York Labor Law § 740. Employees who report outbreaks, refuse to work in imminently dangerous conditions, or file OSHA complaints are protected from any adverse employment action. Both states have seen numerous COVID-19 retaliation cases.

Workers compensation may cover COVID-19 contracted at work. California created a rebuttable presumption (Labor Code § 3212.86-3212.88) that COVID-19 in certain workers is work-related. Filing a workers comp claim protects your right to medical treatment and wage replacement. If your employer's negligence or willful safety violations contributed to your illness, additional legal options may exist.

While many emergency measures have expired, core protections remain. California's Cal/OSHA non-emergency COVID-19 standard applies to outbreaks. Federal OSHA's General Duty Clause continues to require employers to address recognized infectious disease hazards. Employers must still follow current CDC and state health department guidelines. Retaliation protections for raising safety concerns remain fully in force.