Employers Appeal OSHA Virus Citations at Five Times Typical Rate

Nearly half of all employers cited by the Occupational Safety and Health Administration for Covid-19-related violations are appealing the charges, a rate that is five times higher than the average for all federal workplace safety citations. Bloomberg Law spoke with Ed Foulke on why the percentage is so high. Among the reasons for the high percentage of appeals, Ed says, is a concern that agreeing to a violation and paying the fine could leave an employer vulnerable to negligence or other tort claims. “In most states, a worker can’t sue his or her employer for a work-related illness because costs would be covered by workers’ compensation insurance programs,” he adds. “But with Covid-19, few workers’ compensation claims are being approved by insurers.”

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