The COVID-19 pandemic has dramatically altered the work experience for us all since March 2020. Every employing office within the legislative branch was forced to adapt rapidly to the new reality, whether by sending employees home to telework full-time, changing employees’ shifts and rearranging the physical workspace to allow for social distancing, or making other changes to working conditions to prevent the spread of the virus. New legislation such as the FFCRA and CARES Act temporarily granted employees new rights to help them cope with sudden unexpected childcare needs and other personal obligations.
More than one year later, the pandemic is far from over, but the availability of effective vaccines is providing hope for a return to some semblance of normalcy in the not-too-distant future. As more employees come back to the office, it is worth reviewing certain aspects of the laws applied by the Congressional Accountability Act (CAA) which may be particularly relevant.
Please note that evaluation of the lawfulness of particular employment actions is determined on a case-by-case basis, and the information in this outline does not constitute legal advice. Rather, our goal is to remind employing offices of their obligations under the CAA and get them thinking about how various issues might arise under these laws as employees return to the workplace during the continuing pandemic.
Occupational Safety and Health Act (OSHAct)
The OSHAct applies to the legislative branch through section 215 of the CAA, 2 U.S.C. § 1341. The OSHAct as applied by the CAA requires that employing offices follow the Occupational Safety and Health Administration (OSHA) standards and provide their employees with workplaces that are “free from recognized hazards that are causing or are likely to cause death or serious physical harm to [their] employees.” 29 U.S.C. § 654(a).
OSHA has not issued standards specific to COVID-19, but it has issued guidance on preventing the spread of the virus in the workplace, which is summarized below. The OCWR strongly recommends that all employing offices follow OSHA’s guidance, keeping in mind that the guidance may be updated as conditions change and as the understanding of the virus among the scientific and medical communities continues to develop.
