Help Avoid and Defend Against COVID-19 Lawsuits by Following OSHA, CDC, and Other Guidelines

June 26, 2020

The nation’s employment attorneys are anticipating an onslaught of lawsuits over workplace exposures to COVID-19. To help avoid these lawsuits, and mount an affirmative defense if they do occur, it is recommended that employers develop a comprehensive COVID-19 exposure control plan. A single document showing that the company is carefully following OSHA, CDC, and health department guidance, to help prevent employees from contracting and spreading the virus, would go a long way towards an affirmative defense, should a lawsuit ensue. A current comprehensive plan establishes a record showing how thoughtful and complete the company’s response to the COVID-19 pandemic has been. If you don’t have a current exposure control plan, see the MCAA Model COVID-19 Return to Work Exposure Control Plan for guidance.

Once you have established your company’s exposure control plan it is critical that you keep it updated. OSHA, CDC, health department, and local critical industries requirements change frequently due to constant COVID-19 research. Carefully monitor MCAA’s COVID-19 Resource Center to help keep your plan updated.

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