Murrell-Rosario said there are typically five or six people working in each of two offices. She said she will continue to prohibit mask use despite the OSHA fine.OSHA fined Liberty Tax Service of Lynn, Massachusetts, because the owner did not allow workers to wear masks.
A $136,000 fine may not sound too hefty, but it is much larger than most penalties OSHA issued during the Trump administration. Those fines were typically in the low five figures, even in cases of major outbreaks at meatpacking plants. After four Smithfield meatpacking plant workers died of COVID-19 last year, OSHA issued a fine ofIn the Massachusetts case, the agency raised the penalty by deeming it a “willful” violation, which comes with a higher price tag than standard fines.
In the Massachusetts case, investigators moved more quickly. They opened the investigation on March 17 andOSHA regulations tend to be highly specific, but there are no rules on the books related expressly to COVID-19. So the agency has issued most of its fines based on the “general duty” clause, a broadly worded rule that says an employer must provide a workplace “free from recognized hazards.”
Safety advocates have been pressing OSHA to issue a temporary emergency standard that would require employers to follow specific guidelines on the virus, subject to fines. The Trump administration did not issue such a standard, and so far neither has the Biden administration, despite signaling early on that it probably would.
Murrell-Rosario said none of her employees had gotten sick yet and that the complaints prompting the investigation probably came from customers who were told not to wear masks inside. Initial OSHA fines are often reduced, and Murrell-Rosario said she plans to fight them.
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