due to blood-borne transmission in the workplace, employers must
comply with the medical evaluation and follow-up requirements in
the BBP standard, and should consider options for granting sick
leave during the infectious period.
Finally, remember that workers are protected under Section 11(c)
of the OSH Act from retaliation arising from the worker raising
concerns about workplace safety and health. Employers similarly
cannot retaliate against employees who report an occupational
injury or illness, including work-related Zika infection. Under the
new OSHA electronic recordkeeping rules that take effect November
1, 2016, any employer violations of Section 11(c) are also punishable
by OSHA's maximum fine, plus any relief that OSHA seeks for the
affected worker. For additional information, review the OSHA
guidance at https://www.osha.gov/Publications/OSHA3855.pdf.
PC
28
PalletCentral • September-October 2016 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. Adele can be reached
at 301-595-3520 or www.safety-law.com.
SAFETY
OSHA expects employers to train workers
now about their risks of exposure to Zika,
both via mosquito bites and direct contact
with infectious blood and bodily fluids.
