Waivers Before Workers Return to Work Create Uncertainties for Employers

Washington area businesses asking employees to sign waivers before they can return to work during the coronavirus pandemic face legal uncertainties in protecting themselves from liability.

“No waiver or other attempt at limiting liability can replace the need to maintain a safe workplace,” the law firm of Fisher Phillips said in its recent Legal Alert.

Previous federal court rulings show private contracts cannot waive employers’ legal obligations required by the Occupational Safety and Health Administration.

The employers can be fined and forced to pay damages in lawsuits anytime they knowingly subject employees to known health or safety hazards.

So far, no federal court since the pandemic started has validated the consent forms as an effective way to protect employers.

The issue is gaining urgency as unemployment benefits run out and workers become more desperate for money to pay their routine bills.

Meanwhile, some of Washington’s largest law firms have organized resource centers to help clients manage potential liability associated with coronavirus.

“Since the COVID-19 pandemic began, Crowell & Moring has been advising employers across the U.S. and around the globe on the unprecedented employment issues caused by the virus, including adapting business continuity plans for existing operations and designing effective reopening strategies,” Crowell & Moring said on its website.

At Morrison & Foerster, partner David Newman said on the firm’s website, “We are seeing a wide range of pressing issues of first impression confronting our clients.”

The liability risks have deeply divided Washington-based trade organizations.

The U.S. Chamber of Commerce’s Institute for Legal Reform is urging Congress to pass the Safe to Work Act, which would protect employers from liability for coronavirus exposures as long as they follow health guidelines.

However, the National Association of Consumer Advocates argues a federal liability protection might encourage employers to skimp on safety to maximize profits.

For more information, contact The Legal Forum (www.legal-forum.net) at email: [email protected] or phone: 202-479-7240.