avoiding osha complaints and workplace incidents–

AVOIDING OSHA COMPLAINTS AND WORKPLACE INCIDENTS–How Proactive Supply Chain Management Reduces Risk

4© Copyright 2020. All Rights Reservedfisherphillips.com Avetta.com

SPEAKER INTRODUCTION

Ed FoulkePartner

Fisher Philips

Tom Cecich, CSP, CIHStrategic Board Advisor

Avetta


HOW THE CORONAVIRUS PANDEMIC IS IMPACTING EMPLOYERS FROM THE LEGAL LIABILITY PERSPECTIVE

§ OSHA has experienced a significant increase in informal complaints and whistleblower complaints since the start of the pandemic.

§ Increasing unemployment will likely result in even more complaints and lawsuits by current and former employees.

§ If 9/11 and the 2008 recession is a prologue to come, then employers should expect current and former employees to unleash an onslaught of allegations about the company’s misconduct over COVID-19- related and other workplace issues.

§ Defense attorneys are already publicizing various reporting procedures for discovery of employees or former employees to start legal action against their employers.


HOW THE CORONAVIRUS PANDEMIC IS IMPACTING EMPLOYERS FROM THE LEGAL LIABILITY PERSPECTIVE (CONTINUED)

§ Given the high unemployment numbers, employees under financial stress and other pressures will encourage more filings of complaints and lawsuits.

§ As businesses start to resume operations, some employees will not be brought back and the resulting economic instability will encourage whistleblower complaints and other lawsuits especially by the prospect of receiving some form of financial gain.

§ Federal and state law makers have announced plans for increased enforcement investigations against the COVID-19 misconduct.

§ DOL Inspector General has also opened investigation on how OSHA is handling COVID-19 whistleblower complaints.


THE GOLDEN RULE

§ Always follow Center for Disease Control and OSHA guidance.

§ Monitor all governor executive orders and state legislation dealing with COVID-19 and return to work statutes.

§ Institute written COVID-19 action plan including temperature taking, social distancing, disinfecting and sanitation, proper use of PPE, etc.

§ Communicate with employees on company’s COVID-19 action plan.


False Claim ActDepartment of Justice National Center for Disaster FraudCoronavirus Aid Relief and Economic Security (CARES) ActWARN ActActions by IRSActions Under the Consolidated Omminbus Reconciliations (COBRA)Health Insurance Claims and verifications (Walmart and Nestles)

POSSIBLE LEGAL ACTIONS AGAINST EMPLOYERS BASED ON COVID-19

1. OSHA 2. Whistleblower Statutes

3. Other possible claims against

employers

Enforcement InspectionsPPE and BarriersSocial DistancingSanitationHazard Communication

Whistleblower Complaints 11 (c) Claims

22 other whistleblower statutes

Denial of benefits


4. Negligent Lawsuits

5. Other Actions

• Negligent and nuisance statutes• Class-Actions (McDonalds and

Amazon)• Forced to work in close

proximity to potentially affected workers and customers

• No adequate protective equipment

• No hand sanitation• No safety training• Wrongful death actions (JPSUSA

Meat Packing)• Privacy claims

• Court Order to force companies to comply with CDC guidance and state official orders (Smithfield)

• Business interference insurance claims

POSSIBLE LEGAL ACTIONS AGAINST EMPLOYERS BASED ON COVID-19


AVOIDING COMPLAINTS AND LAWSUITS

Follow CDC guidance for businesses

Follow OSHA guidance for return to work

Send employees with confirmed cases home until released by medical professional or complete self-isolation

Educate employees and engage them

Inform employees of confirmed cases of COVID-19


ONCE A LAWSUIT IS FILED

1

2

3 Prepare witnesses and gather documents on company’s COVID-19 response plan

Determine if early dismissal of lawsuit is possible (workers compensation exclusive remedy)

Notify counsel and all insurance companies


THE AVETTA SOLUTION

Suppliers95K

Countries120+

“We’re in the business of trying to find good suppliers

so we can help them get better and Avetta brings

that tool to the table.”

Taking the work out of

Qualifying your Workforce

LESSONS LEARNED FROM COVID-19


COMPANY PREPAREDNESS & RESILIENCY

Strategic Planning & Preparation

Actionable Tactics

• Business Continuity Plans & Effectiveness

• Critical Vendors & Alternate sources

• Worker Preparedness & Essential Activities

• Communicate Effectively & Often

• Update BCP and Test for Vulnerabilities

• Expand Supply Chain Network


BUSINESS CONTINUITY PLAN (BCP)

Screen shot of checklist here

Review company and contractor

policies on communicable

diseases

Identify alternative

vendors

Conduct thorough online & off-line

training & simulation drills

COVID-19 Prequalification Checklist

Free BCP Guide & Templates at avetta.com/covid

16© Copyright 2020. All Rights Reservedfisherphillips.com Avetta.com 16

94% of Forbes 1000 indicated a disruption in supply chain

DIVERSIFY YOUR SUPPLY CHAIN

“32% increase in contractor count within the first month of solution implementation.”


WORKER MANAGEMENT Manage All Workers• Utilized for both supplier &

internal employees• Track compliance requirements• Ability to block / track bad actors

Badging and Integration• QR code technology integrated

with worker management system

Capture All Qualification Types• Drug & Alcohol testing,

operator training

New COVID-19 Induction Training Capability

§ Require contractors coming onsite to be trained on proper hygiene (hand washing, gloves, PPE care, etc)

§ Take a quiz to prove knowledge

§ Allow badge access only for those who pass


POST-COVID RETURN TO WORK PROTOCOL


KEY TAKEAWAYS - POST PANDEMIC

• Safe Return to Work Protocols

• Evaluations of Critical Suppliers

• Value Chain Growth • Real Time Vulnerability

Assessments

Short Term

• Supply Chain De-globalization

• Broader supplier risk assessments

• Supply chain resilience

Long Term


RETURN TO WORK RESOURCE CENTER

avetta.com/covid

White PaperSupply Chain Lessons Learned from the Coronavirus and SARS

Outbreaks

WebinarBest Practices for Returning to

Work Safely and Effectively After COVID-19

Safety Moments(11) COVID-19 Recovery MomentsSix Essential Steps to Reopening

avetta.com/moments

Find these resources and more at

Questions?

Person NameTitle

Company


Fisher & Phillips LLP is dedicated exclusively to

representing employers in the practice ofemployment, labor, benefits, OSHA, and immigration law and related

litigation.

THESE MATERIALS AND THE INFORMATION PROVIDED DURING THE PROGRAM SHOULD NOT BE CONSTRUED AS LEGAL ADVICE OR AS CRITICAL OF THE CURRENT OR PAST ADMINISTRATIONS.

BE SAFE!

REMEMBER:BAD DECISIONS MAKE GOOD STORIES AND USUALLY THE EVENING NEWS.

Edwin G. Foulke, Jr.Phone: 404-240-4273

Email: [email protected]

Tom CecichPhone: 919-601-5224

Email: [email protected]

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