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March-April 2022

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42 PalletCentral • March-April 2022 palletcentral.com Adele L. Abrams is an attorney and safety professional who represents companies in litigation with OSHA and also provides safety training and consultation. The Law Office of Adele L. Abrams PC has three offices: Beltsville, MD; Denver, CO; and Charleston, WV. She may be reached at www.safety-law.com or 301-595-3520. Historically, OSHA has conducted home health and safety inspections of home-based "sweatshops" following worker complaints, or after severe injury or fatality reports. Any home inspection is subject to the same legal requirements, including the use of warrants and subpoenas by OSHA if access is denied to the worksite or to requested documents. e Department of Labor has historically supported telecommuting and telework, and it remains among OSHA's recommendations for combating COVID-19 where feasible. OSHA respects the privacy of home offices and will not hold employers liable for such offices under most circumstances, but if a worker lodges a hazard or discrimination complaint with the agency, the agency will follow up if information suggests that a violation of health or safety standards exists or that a worker has been discriminated against for raising a safety concern, refusing to work in an unsafe environment or other protected activity. e bottom line is that all workers must be protected against recognized hazards that could harm them, where it is feasible for the employer to intervene. Ensuring that all workers are treated fairly, are provided appropriate training, and are not provided with disparate health and safety protections, is the best route to avoiding OSHA investigations and costly citations. Historically, OSHA has conducted home health and safety inspections of home-based "sweatshops" following worker complaints, or after severe injury or fatality reports.

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