Safety and Workers' Compensation Management

Another COVID-19 Workers’ Compensation Bill Introduced

State Rep. Tom Patton (R-Strongsville) has proposed a new legislation to expand Ohio’s workers’ compensation coverage by granting food packaging, food processing, and grocery store employees benefits if they contract COVID19 while at their place of employment.

The Patton bill comes on the heels of the recent introduction of other legislation that would expand workers’ compensation benefits to employees who are infected by the virus. 4/9/2020

Guidance on Face Coverings for Manufacturers

Both the CDC and the DeWine administration now recommend wearing face coverings (not N-95s or surgical masks needed for health care workers) when social distancing measures are difficult to maintain. This includes at workplace environments. For the benefit of OMA members, here is the CDC’s guidance for use of cloth face coverings, as well as guidance from the Ohio Department of Health. (Note: Face coverings are not a substitute for distancing.)

Also, here is helpful insight from OMA Connections Partner Fisher Phillips on two common questions regarding DIY cloth face coverings.

If your business is having difficulty procuring face masks for employees, the Alliance has launched an initiative to source the materials necessary to potentially produce non-surgical-grade “loop masks.” Respond to our brief survey so we can assess the need for — and appropriate potential quantities of — these masks. 4/9/2020

Minimizing Risk of Exposure to Coronavirus

OSHA has released three new animated videos to provide quick tips on social distancing, disinfecting workplaces, and industry risk factors to keep workers safe from COVID-19. And check out OSHA’s new chart that outlines safety steps to take based on worker exposure risk by industry.

The CDC has updated its page for businesses and employers to prepare and respond to the coronavirus. 4/8/2020

OSHA Extends March 14 Guidance on Use of Respirators

OSHA has expanded temporary guidance provided in a March 14, 2020, memo regarding supply shortages of N95s or other filtering respirators (FFRs) due to the COVID-19 pandemic. This expanded guidance applies to all workplaces covered by OSHA where there is required respirator use.

OSHA field offices will exercise enforcement discretion concerning annual fit-testing requirements, as long as employers have made good-faith efforts to comply with the requirements of the Respiratory Protection standard and to follow the steps outlined in the March 14 memo. 4/8/2020

OSHA Warns Against Employer Retaliation During Pandemic

OSHA this week issued a press release reminding employers that it is “illegal to retaliate against workers because they report unsafe and unhealthful working conditions during the coronavirus pandemic.” According to OSHA, acts of retaliation can include terminations, demotions, denials of overtime or promotion, or reductions in pay or hours. 4/8/2020

CDC Updates Guidance for Disinfecting Facilities

Manufacturers have questions about how best to “deep clean” their facilities to prevent COVID-19 infection, or how to disinfect after an employee becomes ill. At this time, the best guidance comes from the CDC’s revised cleaning and disinfection page, as well as this CDC instruction on how to clean and disinfect your facility when someone is sick. Both CDC pages were updated this week. 4/2/2020

BWC Temporarily Waiving Safety Education Requirements for Some Programs

On March 30, the Ohio Bureau of Workers’ Compensation (BWC) announced it is waiving all safety education and training requirements through June 30, 2020 for private employers enrolled in the following programs:

• Drug-Free Safety Program;
• EM Cap Program;
• Grow Ohio;
• Industry-Specific Safety Program;
• One Claim Program; and
• Policy Activity Rebate Program.

See more from OMA legal counsel Bricker & Eckler. 4/1/2020

Ohio’s COVID-19 Legislation Extends Deadline to File Workers’ Comp Claims

Late last week, Gov. DeWine signed into law House Bill 197 in response to the COVID-19 pandemic. Among the legislation’s many provisions is one that tolls the statute of limitations for any administrative action or proceeding set to expire between March 9, 2020, and July 30, 2020.

According to this insight by OMA legal counsel Bricker & Eckler, this change impacts any relevant statute of limitations related to Ohio’s workers’ compensation claims. For new claims — which normally have a one-year window from date of injury for filing — HB 197 extends the statute of limitations to at least July 30, 2020 for claims of alleged injuries that occurred between March 9, 2019 and July 30, 2019. 4/1/2020

COVID-19 Workers’ Comp Bill in Ohio House

Ohio House Democrats this week introduced workers’ compensation legislation (House Bill 573) that would make COVID-19 an occupational disease under Ohio workers’ compensation law. Neither the bill nor its provisions were included in the emergency legislation (HB 197) passed this week. At this time, it does not appear that the workers’ compensation expansion bill will move through the legislature, but the OMA will continue to monitor the bill and update members as needed. 3/26/2020

FDA Issues Guidance on Making Hand Sanitizers

The FDA has provided emergency guidance to communicate its policy for the temporary manufacture of certain alcohol-based hand sanitizing products. In short, the agency does not intend to take action against manufacturing firms that prepare such products for use by consumers and health care personnel during this public health emergency.

Upon completion of registration and listing, firms will receive automatic confirmation and do not need to wait for a further communication before producing and distributing such products. Email the FDA if you need help with facilitating this process. 3/26/2020