Some of our clients have asked what the law requires them to do to disinfect the workplace during the COVID-19 outbreak. While there are no specific legal mandates for disinfecting the workplace for general office environments, the Occupational Safety and Health Administration (“OSHA”) sets forth a general duty of care for employers to provide a safe workplace. OSHA’s guidance on COVID-19 recommends that the Centers for Disease Control and Prevention (“CDC”) Guidelines be followed for general office environments. OSHA’s guidance recommending the CDC guidelines be followed can be found here:

https://www.osha.gov/SLTC/covid-19/controlprevention.html#health

The CDC has specific recommendations, including using an Environmental Protection Agency (“EPA”) recommended disinfectant, which should be followed in order to comply with an employer’s general duty of care to provide a safe workplace. The guidelines can be found here:

https://www.cdc.gov/coronavirus/2019-ncov/prepare/disinfecting-building-facility.html

If an employee or other person suspected to have been in contact with the COVID-19 virus has been in the workplace, the CDC recommends enhanced cleaning/disinfection procedures. Those procedures and additional recommendations for employers, including links to EPA recommended household disinfectants for use against COVID-19 can be found here:

https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/cleaning-disinfection.html

Employees responsible for cleaning must be protected from exposure to hazardous materials and blood borne pathogens. In standard office environments where there is no known risk of contamination, instructing employees to follow the manufacturer labels on EPA recommended disinfectants and providing gloves should suffice. Where someone is sick in the workplace, the CDC notes additional protections may be warranted for employees tasked with cleaning, such as gowns, masks, and other appropriate personal protective equipment (“PPE”). Additionally, employers should ensure workers are trained on the hazards of the cleaning chemicals used in the workplace in accordance with OSHA’s Hazard Communication standard. And, where there is possible exposure, employers should comply with OSHA’s standards on Bloodborne Pathogens.

OSHA notes that for most types of workers, the risk of infection with COVID-19 is similar to that of the general public. However, in keeping with the general duty of care, employers and workers in operations where there is no specific exposure hazard should remain aware of the evolving outbreak situation. Changes in outbreak conditions may warrant additional precautions in some workplaces.

The OSHA control and prevention page has additional information on requirements to protect first responders, healthcare, and wastewater workers, which applies to many of our clients. Those are more stringent and specific, and may be found on the CDC and OSHA websites.

If you have any questions or concerns, you are welcome to contact the offices of Churchwell White at (916) 468-0950, or email Debra Hinshaw Vierra at debra@whitebrennerllp.com or Erin Dervin at erin@whitebrennerllp.com.