Shelter-in-place orders. Social distancing. Quarantine. Prior to March 2020, these terms were not prominent in our collective lexicon. However, that changed, literally overnight, with the global proliferation of the coronavirus (COVID-19). Calendar year 2020 has ushered in significant (and, in many cases, new) compliance challenges for employers. In this article, we provide an overview of three significant challenges facing employers as we close the book on 2020 and prepare for 2021.

Workplace Safety—Increased Risk, Compliance Challenges and Liability

In an effort to keep employees safe, employers have either updated existing and/or implemented new workplace safety protocols to incorporate the hierarchy of controls (e.g., administrative, engineering and PPE) prescribed within the Occupational Safety and Health Administration’s COVID-19-related guidance, as well as the ever-changing return-to-work guidance from the Centers for Disease Control and Prevention. Employers also now face increased scrutiny regarding their workplace safety practices from OSHA and state safety and health agencies.