Web Officers
burt.laura.a1@dol.gov
albrecht.brian@dol.gov
hill.jedd.r@dol.gov
jillings.leeanne@dol.gov

Can my employer force me to work if I have concerns about COVID-19, including a coworker having tested positive, personal medical concerns, or a high-risk family member living at my home?

Frequently Asked Questions

Question: Can my employer force me to work if I have concerns about COVID-19, including a coworker having tested positive, personal medical concerns, or a high-risk family member living at my home?

Answer:

Generally, your employer may require you to come to work during the COVID-19 pandemic. However, some government emergency orders may affect which businesses can remain open during the pandemic.

Under federal law, you are entitled to a safe workplace. Your employer must provide a safe and healthful workplace. If you have concerns, you have the right to speak up about them without fear of retaliation.

Under section 11(c) of the Occupational Safety and Health Act, a worker who refused to work would be protected from retaliation if:

  • The worker believes that they faced death or serious injury (and the situation is so clearly hazardous that any reasonable person would believe the same thing);
  • The worker tried, where possible, to get his or her employer to correct the condition, was unable to obtain a correction, and there is no other way to do the job safely; or
  • The situation is so urgent that the worker does not have time to eliminate the hazard through regulatory channels, such as calling OSHA.

See 29 CFR 1977.12(b) for more information.

Employers and workers can visit the U.S. Equal Employment Opportunity Commission's COVID-19 webpage and frequently asked questions to learn more about reasonable accommodations.

You have the right to file a complaint if you are required to work and believe you are being exposed to a serious health or safety hazard. If you have suffered retaliation because you voiced concerns about a health or safety hazard, you have the right to file a whistleblower protection complaint. No particular form is required and complaints may be submitted in any language.

Visit OSHA's Workers page to learn more.

What can I do if I believe my employer is not protecting me from exposure to SARS-CoV-2, the virus that causes COVID-19, on the job?

Frequently Asked Questions

Question: What can I do if I believe my employer is not protecting me from exposure to SARS-CoV-2, the virus that causes COVID-19, on the job?

Answer:

Under federal law, you are entitled to a safe workplace. Your employer must provide a workplace free of known health and safety hazards. If you have concerns, you have the right to speak up about them without fear of retaliation.

If you believe you are being exposed to SARS-CoV-2, the virus that causes COVID-19, or that your employer is not taking appropriate steps to protect you from exposure to the virus at work, talk to your supervisor or employer about your concerns. OSHA provides recommendations for measures workers and employers can take to prevent exposures and infections.

You have the right to file a complaint if you feel you are being exposed to a serious health or safety hazard. If you have suffered retaliation because you voiced concerns about a health or safety hazard, you have the right to file a whistleblower protection complaint.

If you believe you have contracted COVID-19 on the job, OSHA recommends several steps you should take, including notifying your supervisor. Your employer can take actions that will keep others in your workplace healthy and may be able to offer you leave flexibilities while you are away from work.

Visit OSHA's Workers page to learn more.

Can OSHA 10- or 30-hour trainers conduct virtual trainings (e.g., via web conference software)?

Frequently Asked Questions

Question: Can OSHA 10- or 30-hour trainers conduct virtual trainings (e.g., via web conference software)?

Answer:

Yes. Outreach trainers should contact their OSHA Training Institute (OTI) Education Center to request an exception. The OSHA Outreach Training Program provides workers with basic (10-hr) and more advanced (30-hr) training about common safety and health hazards on the job.

What topics should employers cover in COVID-19 training for workers?

Frequently Asked Questions

Question: What topics should employers cover in COVID-19 training for workers?

Answer:

During the COVID-19 pandemic, employers should consider training workers about:

  • The basics of how SARS-CoV-2, the virus that causes COVID-19, spreads;
  • Their risk of exposure to SARS-CoV-2 on the job;
  • Appropriate cleaning and disinfection in the workplace.
  • Measures being taken to protect them from exposure and infection, including handwashing, covering coughs and sneezes, social distancing, and use of any necessary workplace controls and/or personal protective equipment (PPE);
  • What employees should do if they are sick, including staying home and reporting any signs/symptoms of COVID-19 to their supervisor.

Some OSHA standards require employers to provide specific training to workers. For example, there are training requirements in OSHA's PPE standards (29 CFR Part 1910, Subpart I), including the Respiratory Protection standard (29 CFR 1910.134).

The training that is necessary can vary depending on a worker's job tasks, exposure risks, and the type of controls implemented to protect workers. See OSHA's COVID-19 Safety and Health Topics page for more specific information.

What COVID-19 training resources are available for employers?

Frequently Asked Questions

Question: What COVID-19 training resources are available for employers?

Answer:

The National Institute of Environmental Health Sciences offers training resources for workers and employers.

The Centers for Disease Control and Prevention provides training resources specific to healthcare.

The training that is necessary can vary depending on a worker's job tasks, exposure risks, and the type of controls in place to protect workers. See OSHA's COVID-19 Safety and Health Topics page for more specific information.

Where can I learn more about what information employers can collect from workers about COVID-19?

Frequently Asked Questions

Question: Where can I learn more about what information employers can collect from workers about COVID-19?

Answer:

Employers and workers can visit the U.S. Equal Employment Opportunity Commission's COVID-19 webpage and frequently asked questions to learn more about this topic.

The U.S. Department of Justice also provides information about COVID-19 and the Americans with Disabilities Act.

Is an employer required to notify other employees if a worker gets COVID-19 or tests positive COVID-19?

Frequently Asked Questions

Question: Is an employer required to notify other employees if a worker gets COVID-19 or tests positive COVID-19?

Answer:

OSHA does not require employers to notify other employees if one of their coworkers gets COVID-19. However, employers must take appropriate steps to protect other workers from exposure to SARS-CoV-2, the virus that causes COVID-19, in the workplace. These steps might include specific actions as a result of a confirmed case, such as cleaning and disinfecting the work environment, notifying other workers to monitor themselves for signs/symptoms of COVID-19, or implementing a screening program in the workplace (e.g., for signs/symptoms of COVID-19 among workers).

The CDC Guidance for Business and Employers recommends employers determine which employees may have been exposed to the virus and inform employees of their possible exposure to COVID-19 in the workplace. However, employers should maintain confidentiality as required by the Americans with Disabilities Act (ADA), and the information disclosed and method of disclosure must comply with applicable federal, state, and local laws.

Employers and workers can visit the U.S. Equal Employment Opportunity Commission's COVID-19 webpage and frequently asked questions to learn more about this topic.

What should employers do when an employee tests positive for COVID-19?

Frequently Asked Questions

Question: What should employers do when an employee tests positive for COVID-19?

Answer:

Workers who test positive for COVID-19 will be notified of their results by their healthcare providers or public health department and will likely be advised to self-isolate or seek medical care. OSHA recommends that workers tell their supervisors if they have tested positive for COVID-19 so that employers can take steps, such as cleaning and disinfection, to protect other workers. Employers who become aware of a case among their workers should:

When can employees who have had COVID-19, or may have had COVID-19, return to work?

Frequently Asked Questions

Question: When can employees who have had COVID-19, or may have had COVID-19, return to work?

Answer:

The Centers for Disease Control and Prevention provides guidance about the discontinuation of home isolation for people with COVID-19. The Medical Information page of OSHA's COVID-19 Safety and Health Topics page also provides information about returning to work after having COVID-19. This guidance applies to workers with COVID-19 symptoms, even if they were not tested for COVID-19.