COVID-19 Return to the Workplace Online Training

As a best practice, Covid-19 workplace safety training should be provided before or very soon after employees return to the workplace. Some states that require Covid-19 workplace safety training, such as Connecticut and Kentucky, require training be provided before a business reopens. While other states requiring Covid-19 workplace safety training are silent on this issue, the clear intent is to provide such training to employees either before or very shortly after returning to the workplace as the training objective is to keep employees safe and reduce the spread of Covid-19 in the workplace.

The content requirements of Covid-19 workplace safety training varies by specific state guidelines and industry. The following illustrates the types of required content in certain states for such workplace training:

• a general description of COVID-19, symptoms, when to seek medical attention, how to prevent its spread, and the employer’s procedures for preventing its spread at the workplace;
• how an infected person can spread COVID-19 to others even if they are not sick;
• worker health and safety, including proper hygiene practices, such as how to appropriately wash hands, use hand sanitizer, and cough and sneeze etiquette;
• how to prevent the spread of Covid-19 by practicing social distancing in the workplace; 
• how to prevent the spread of Covid-19 by wearing a face covering, including how to properly put on, wear, and take off face coverings; 
• how to safely use cleaners and disinfectants; and
• isolation of individuals with suspected or confirmed COVID-19.

Yes, in some states, employees are required to wear face coverings in the workplace under certain circumstances, such as California, Connecticut, Delaware, Hawaii, Illinois, Kentucky, Maine, Massachusetts, Minnesota, Nevada, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Utah, Vermont, Virginia, and Washington. Certain exceptions usually apply to face covering requirements, including when wearing a face covering is prevented by the employee’s medical or mental health condition or disability.

Covid-19 workplace safety training ensures employees know how to properly put on, wear, and take off face coverings, and when certain exceptions apply, which helps to prevent the spread of Covid-19 and protect employees in the workplace. 

This is not an exhaustive list and is only provided as an example of the states that have this requirement as of the date of the writing of this article.

If face coverings are required in the workplace either by state law, or the employer, the employer is generally required to pay for and provide face coverings to employees. However, in some states, employees may choose to wear their own face covering as long as it meets the legal requirements.

Covid-19 workplace safety training ensures employees know how to properly put on, wear, and take off face coverings, which helps prevent the spread of Covid-19 and protect employees in the workplace. 

This is not an exhaustive list and is only provided as an example of the states that have this requirement as of the date of the writing of this article.

Many states require employees to practice social distancing in the workplace under certain circumstances, such as Arizona, Arkansas, Colorado, Delaware, Georgia, Hawaii, Indiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, North Dakota, Ohio, Oregon, Pennsylvania, Texas, Rhode Island, Virginia, and Washington. 

Covid-19 workplace safety training ensures employees know how to properly social distance, which helps prevent the spread of Covid-19 and protect employees in the workplace.

This is not an exhaustive list and is only provided as an example of the states that have this requirement as of the date of the writing of this article.

Several states require employers to provide hand washing stations and/or hand sanitizer to employees in the workplace, such as Arkansas, Delaware, Hawaii, Illinois, Indiana, and Ohio. Regardless of any legal requirement, providing hand washing supplies and sanitizer for employees is recommended to help reduce the spread of Covid-19 in the workplace. 

Covid-19 workplace safety training ensures employees know proper hand washing and sanitizing techniques, which helps prevent the spread of Covid-19 and protect employees in the workplace. 

This is not an exhaustive list and is only provided as an example of the states that have this requirement as of the date of the writing of this article.

Many states require employees to stay home and not report to work if they have any Covid-19 symptoms and/or have been in close contact with a person who has a suspected or confirmed case of Covid-19, such as Alaska, California Colorado, Connecticut, Delaware, Georgia, Ohio, Massachusetts, Michigan, and New Hampshire. Regardless of any state requirement, it is important to clearly communicate to employees to stay home and not report to work if they have any Covid-19 symptoms and/or have been in close contact with a person who has a suspected or confirmed case of Covid-19 to reduce the spread of the virus in the workplace and ensure employee safety. 

Covid-19 workplace safety training ensures employees know how to properly self-screen for Covid-19 symptoms before reporting to work and when to stay home, which helps prevent the spread of Covid-19 and protect other employees in the workplace.

This is not an exhaustive list and is only provided as an example of the states that have this requirement as of the date of the writing of this article.

The CDC recommends employees take the following steps to protect themselves at work:

• Follow the policies and procedures of the employer-related to illness, cleaning and disinfecting, and work meetings and travel.
• Stay home if sick, except to get medical care.
• Maintain a distance of at least 6 ft. from all other persons
• Understand that no one with symptoms should be present at the workplace. Employees should inform their supervisor if they or their colleagues develop symptoms at work, especially fever, cough, or shortness of breath.
• Wash hands often with soap and water for at least 20 seconds, especially after blowing noses, coughing, or sneezing, or having been in a public place.
  • Use hand sanitizer that contains at least 60% alcohol if soap and water are not available.
• Avoid touching eyes, nose, and mouth.
• To the extent possible, avoid touching high-touch surfaces in public places – elevator buttons, door handles, handrails, handshaking with people, etc.
• Minimize handling cash, credit cards, and mobile or electronic devices when possible.
• Practice social distancing by keeping at least 6 feet away from co-workers, customers, and visitors when possible.
• Avoid all non-essential travel.

CDC, General Business Frequently Asked Questions, What Can I Tell My Employees About Reducing The Spread of Covid-19 at Work?

Covid-19 workplace safety training ensures employees know how to properly protect themselves upon return to the workplace, which helps prevent the spread of Covid-19 and protect employees in the workplace.

Yes. In recently issued guidance on preparing the workplace during Covid-19, OSHA recommends that employers provide training on:

• worker health and safety, including proper hygiene practices and the use of any workplace controls;
• up-to-date training on COVID-19 risk factors and protective behaviors, such as cough etiquette and handwashing; and
• using protective clothing and equipment, including how to put it on, use/wear it, and take it off correctly, in the context of current and potential job duties.

As noted by OSHA, “informed workers who feel safe at work are less likely to be unnecessarily absent.”

OSHA Guidance on Preparing Workplaces for COVID-19

Employers should provide Covid-19 workplace safety training to ensure employees feel safe in the workplace and minimize any potential liability related to Covid-19. 

For example, employers must provide employees with a safe and healthy work environment under the “General Duty Clause” of the Occupational Safety and Health Act. OSHA has the authority to issue “General Duty” citations against employers for failing to keep the workplace free of a known hazard. There are four required elements of a General Duty Clause violation: (1) the employer failed to keep the workplace free of a hazard to which employees were exposed; (2) the hazard was recognized; (3) the hazard was causing or was likely to cause death or serious physical harm; and, (4) there was a feasible and useful method to correct the hazard. Based on the ease at which COVID-19 spreads, OSHA could justify issuing such a citation based on the fact that, among other things, the employer failed to follow OSHA Guidance on Preparing Workplaces for COVID-19 (OSHA Guidance), which recommends workplace safety training to ensure employees know the proper safety measures that must be taken to reduce the spread of Covid-19 in the workplace.

Other possible liability issues that could arise include tort claims, such as wrongful death, should an employee’s family be able to show the employer acted “negligently” or “recklessly” in failing to follow OSHA’s Guidance, which recommends workplace safety training so that employees know how to best protect themselves and prevent the spread of Covid-19 in the workplace. Employers could also be liable for workers’ compensation claims should a Covid-19 outbreak occur in the workplace, making it more likely for employees to successfully claim exposure to Covid-19 in the course of employment. The potential to make such a claim also increases with available contact tracing and a showing that the employer did not follow OSHA Guidance, including failing to provide its employees with the recommended workplace safety training.