PPE FAQs: What Are Your Rights in the Workplace? | Swartz Swidler
Working during the coronavirus pandemic can be scary. Many people have questions about their rights in the workplace, including whether they can wear PPE, remain home when they feel unsafe, and whether their employers can ask about their medical conditions or take their temperatures. Guidance has been issued by several federal agencies about the rights of workers and the obligations of employers during the pandemic. Here’s some information from the attorneys at Swartz Swidler about what you should know about your rights at work during this time.
The right to wear PPE
Employers are required to provide their employees with personal protective equipment to keep them safe in the workplace. The specific types of PPE you are entitled to receive will depend on the type of work that you perform.
If you work in a high-risk industry in which you are required to work within six feet of others with suspected or confirmed COVID-19 cases, you are entitled to receive and wear face and eye protection, gloves, and N-95 masks or their equivalents. This would include health care workers and mortuary staff, for example.
Most workers have lower-risk jobs. If your job places you at a lower risk for contracting COVID-19, your PPE requirements are likely lower. If your work includes interacting face-to-face with the public or with coworkers, you should be entitled to a face mask or covering. If you have to handle things that have been touched by others, you should wear gloves.
Employers are also obligated to implement measures to prevent infection. This includes the promotion of respiratory etiquette and handwashing together with disinfection procedures. The Occupational Safety and Health Administration advises employers to implement procedures for the identification and isolation of sick employees.
What can people do if their employers refuse to provide PPE and their workplaces are unsafe?
Employers are required to provide safe workplaces that are free from dangerous conditions that could seriously harm workers or result in their deaths under the Occupational Safety and Health Act. If you feel that your workplace is unsafe, you should tell your supervisor about your concerns. If your company does not do anything to correct the problem, you can file a complaint with OSHA. Employers cannot retaliate against you for filing an OSHA complaint.
Guidelines about social distancing, disinfection, and PPE have been issued by the U.S. Centers for Disease Control and OSHA. You can review these guidelines to help to determine whether your employer is taking the necessary steps to maintain the safety of your workplace.
