Fear of the coronavirus and flu may cause anxiety among employees who frequently encounter other people, which may lead them to request permission to wear – or to simply wear without permission – a medical mask or respirator. While this may address the anxieties of employees, it could lead to other problems, such as causing customers or coworkers to panic. To avoid these issues, some employers in industries such as retail have prohibited their employees from wearing medical masks or respirators, like the department store in London that recently barred staff from wearing masks due to the “risk of spreading further anxiety.”
Employers have long operated under the premise that the North Carolina Workers’ Compensation Act provides the exclusive remedy for workers injured on the job. Indeed, section 97.-10.1 of the North Carolina Workers’ Compensation Act states that employers in compliance with the Act are protected from all other claims and remedies that could be brought by employees, dependents, next of kin, or representatives in the event of a workplace injury or death.
The Occupational Safety and Health Administration (OSHA) conducted an inspection of your facility. OSHA issues a serious citation to your company for a machine guarding violation, despite the fact the OSHA investigator did not actually observe a plausible infraction. Your company would like to contest the citation because it was not justified. However, your company is not sure if it can afford to pay an attorney to fight the citation. There may be relief. The Equal Access to Justice Act may provide your company with an avenue for having the government foot the bill for your company challenging the citation.