Pub. 10 2021-2022 Issue 2

12 San Diego Dealer How to Handle OSHA Investigations Following a COVID-19 Complaint A s of April 17, 2020, Cal/OSHA had received over 1,500 complaints about employers who allegedly failed to provide proper protection during the ongoing pandemic related to the COVID-19 crisis. OSHA’s investigative powers are limited in its ability to fully investigate all these complaints. Cal-OSHA Reporter noted that in the first quarter of 2019, OSHA had investigated only 488 complaints. For 2020, the number of investigations will likely increase. WHAT IS OSHA LOOKING FOR: The regulations that allow OSHA to investigate COVID-19 related complaints at auto dealerships are as follows: Personal Protective Equipment: Personal Protective Equipment (PPE) requires using gloves, eye and face protection, and respiratory protection when job hazards warrant it. When respirators are necessary to protect workers, employers must implement a comprehensive respiratory protection program in accordance with the Respiratory Protection standard. Compliance requires an assessment of hazards and then proving proper PPE that addresses those hazards. PPE must be provided at no cost and employees provided with training in proper usage. Hazard Communication Program: Employers must also protect their workers from exposure to hazardous chemicals used for cleaning and disinfection. Employers should be aware that common sanitizers and sterilizers could contain hazardous chemicals. Where workers are exposed to hazardous chemicals, employers must comply with this standard. Requirements include a written program, providing SDS, proper labels on containers and training on understanding the hazards related to chemicals in use. General Duty Clause: The clause requires employers to provide each worker “a place of employment, which [is] free from recognized hazards that are causing or are likely to cause death or serious physical harm.” This is literally the catch-all provision that OSHA inspectors can use when no standard seems to be violated.