Triaging Employee Refusals to Work Due to COVID-19: A Legal Update for Healthcare Employers

Thousands of COVID-19-related Occupational Safety and Health Administration (OSHA) complaints have been filed across the country by healthcare workers, and employees are increasingly refusing to work for COVID-19-related reasons, many of which trigger protections afforded by the Occupational Safety and Health Act, the National Labor Relations Act (NLRA), and the Americans with Disabilities Act. In certain circumstances, employees may have the right to refuse to work based on safety concerns or because of a needed accommodation. In this webinar, the speakers will discuss:

• when an employee may refuse an assignment for fear of exposure to COVID-19, including how such refusals can lead to OSHA inspections;
• the latest guidance from OSHA and the Centers for Disease Control and Prevention for healthcare workplaces with respect to personal protective equipment and other safety measures;
• strategies for responding to accommodation issues presented by healthcare employees during this pandemic, such as requests from disabled, pregnant, and other highly vulnerable employees; and
• approaches to handling safety concerns raised by groups of employees under the NLRA, even in nonunion work settings.