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News Sept. 30, 2020

Michigan fines companies for COVID-19-related violations

The Michigan Occupational Safety and Health Administration issued citations to 19 companies for “serious” COVID-19-related safety violations; 12 of the companies are related to the construction industry, and their total fines were $29,900, according to www.constructiondive.com.

MIOSHA cited the companies under the “general duty” clause, which tasks all employers with providing a workplace free from recognized hazards that cause or are likely to cause death or serious physical harm to employees. The companies have 15 days to contest the citations and fines and must prove to MIOSHA the unsafe conditions listed in the citations have been handled.

MIOSHA issued citations involving failure to maintain social distancing when possible; failure to require face coverings when social distancing cannot be maintained; not having a COVID-19 preparedness and response plan; failure to designate a COVID-19 workplace supervisor; not training employees regarding COVID-19; and failure to maintain/retain records of daily health screenings.

General duty clause violations, which in Michigan carry a maximum penalty of $7,000, typically are used when there is not a safety standard specific to the condition being cited, and COVID-19 falls into that category in most states and at the federal OSHA level.

There currently is not a COVID-19 standard at the federal level. At the state level, Virginia has implemented an emergency COVID-19 standard, and Oregon has issued temporary standards.

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