OSHA Virus Emergency Rule Looms as Potent Weapon for Litigation

President Joe Biden’s directive that the federal Occupational Safety and Health Administration consider an Emergency Temporary Standard to combat the spread of Covid-19 in American workplaces has management-side attorneys and advocates bracing for that rule’s potential impact on litigation.

When citations are issued under that standard, they could be used as evidence of employer wrongdoing in personal injury and wrongful death lawsuits alleging gross negligence, attorneys say.

They could also bolster workers’ compensation claims of employees unable to meet the high bar required to sue their employers over on-the-job illnesses and injuries.

David Barron, an attorney with Cozen O’Connor’s ...