For several months, both the Centers for Disease Control and Prevention (CDC) and the Occupational Safety & Health Administration (OSHA) along with other agencies, such as the Food & Drug Administration (FDA) have been publishing various public service resources to help combat the unprecedented Coronavirus Pandemic. Alongside guidance on things like identifying the symptoms of COVID-19 and steps to take in the event of exposure or infection, these federal agencies are compiling checklists for various economic sectors to use as operations resume and Coronavirus quarantines are lifted.
These checklists include a variety of specifications addressing the particular concerns of various industries and businesses. The lists are tailored to the specific characteristics of that enterprise. Each provides federal agency guidance on how best to protect workers, employees, customers, clients, patients, residents, students, and more against exposure to the Coronavirus and contracting COVID-19.
For those living and working in Illinois or Indiana, it is imperative to be aware of the Federal COVID Checklists that apply to the various aspects of their lives and those of their loved ones. Why?
These Federal COVID Checklists help define the legal standard of care and arguably establish what actions (or failures to act) can form the basis of a legal allegation that a legal duty of care was breached, forming the basis of an Coronavirus injury liability claim against those who failed to adhere to the Checklist provisions.
Example of Federal COVID Checklist: Food Industry Employees
Working together, OSHA and the Food and Drug Administration (FDA) have published a COVID Checklist for members of the U.S. Food Industry. The checklist applies to manufacturers of both human and animal food. It also applies to anyone involved in farming (growing, harvesting) food or in the processing or storage (holding) of foods regulated by the FDA (both human and animal). It applies to those involved with produce, seafood, milk, eggs, grains, game meat, and other raw materials or ingredients, as well as their resulting human or animal food products.
“The Food and Drug Administration (FDA) and the Occupational Safety and Health Administration (OSHA) are providing this checklist for FDA-regulated human and animal food operations to use when assessing operations during the COVID-19 pandemic, especially when re-starting operations after a shut down or when reassessing operations because of changes due to the COVID-19 public health emergency caused by the virus SARS-CoV-2. This checklist is not exhaustive of all things human and animal food operations may do for employee health and food safety during the COVID-19 pandemic and can be used in conjunction with additional information from the Centers for Disease Control and Prevention (CDC), OSHA, and other federal, state, local, tribal, and territorial authorities….”
Read the full 16-page Employee Health and Food Safety Checklist for Human and Animal Food Operations During the COVID-19 Pandemic (current as of August 19, 2020).
This Food Industry Federal COVID Checklist (“Checklist”) includes the following:
- The Employee Health and Social Distancing Checklist: a series of questions for employee health, screening, and operation configuration for social distancing to prevent or minimize the spread of COVID-19 (Checklist Page 1); and
- The Food Safety Checklist: a series of questions for human and animal food operations to consider when re-starting operations after a shut down or when reassessing operations to make changes due to COVID-19 as well as considerations regarding personnel, suppliers, and incoming ingredients, on food safety or Hazard Analysis…. (Checklist Page 11).
For more on the food industry, read:
- FDA Fights Back Against Dangerous Foods in U.S. Stores and Restaurants With Two New Rules: Comments from the Public Are Invited
- Will Congress Stop Bacteria Infested Food as a Public Health Threat or Will Lawsuits and Wrongful Death Claims Remain the Only Voice of Victims of Toxic Food?
- Grain Accidents in Indiana and Illinois: Danger of Death in Engulfment, Entrapment, or Explosion
- Farming Accidents in Indiana and Illinois: Small Farm Fatality Dangers
Other Federal COVID Checklists
Other federal COVID Checklists published thus far include the following (this list is not exhaustive):
- Manufacturing Facility Assessment Toolkit provided by the CDC and OSHA for occupational safety and health professionals and state and local public health officials to “assess coronavirus disease 2019 (COVID-19) infection prevention and control measures at manufacturing facilities, as well as these facilities’ overall hazard assessment and control plans.” (Read its complete Checklist)
- Coronavirus Disease 2019 (COVID-19) Hospital Preparedness Checklist prepared by the CDC to help hospitals evaluating current plans or in developing a comprehensive COVID-19 preparedness plan to protect both patients and health care personnel.
- Coronavirus Disease 2019 (COVID-19) Preparedness Checklist for Nursing Homes and other Long-Term Care Settings prepared by the CDC to help in developing a comprehensive COVID-19 response plan to protect both residents and staff.
For more on hospitals and nursing homes, read:
- Most Dangerous Hospitals for Patients in Illinois and Indiana: 2019 Hospital Safety Report
- Hospital Malpractice: Patient Deaths during Hospital Stay in Indiana or Illinois
- Coronavirus Nursing Homes in Indiana and Illinois: Evictions, Improper Care and Treatment, and Federal Injury Claims
- New Online Warning for Nursing Home Abuse or Neglect: Indiana and Illinois Both Rank “Bottom of the Barrel”.
Establishing Coronavirus Injury Claims under Indiana and Illinois Law
While state laws regarding negligence, gross negligence, personal injury, medical malpractice, and wrongful death are well established in both Indiana and Illinois, the factual circumstances of plaintiffs asserting their claims for justice based upon Coronavirus-related injury claims are unprecedented.
COVID-19 victims will need to vigorously investigate and research their claims, and be prepared to assert their demands for justice in what will be a distinctive legal situation. Proving the Coronavirus injury will necessitate not only confirmation of the illness and its harm, but also establishing the circumstances of exposure.
In order for the wrongdoer to be held liable, it will be the task of the injured victim to prove with admissible evidence that there was a breach of the legal duty of care owed to him/her by the wrongdoer before legal liability can attach.
These Checklists provide detailed information regarding what is to be considered reasonable and prudent steps to take in various industries and economic sectors to protect people from exposure to COVID-19. Facts revealing a failure to follow the guidance found in a Checklist can help support the argument that a breach of care has happened, resulting in injury or wrongful death.
For more on Coronavirus claims and COVID injury lawsuits, read:
- Coronavirus: School District Liability for COVID-19 Exposure in Indiana
- Coronavirus Reopening in Indiana and Illinois: Duty of Care to Protect Employees against COVID-19 Exposure
- Coronavirus: New Face Mask Mandates Help Define Businesses’ Legal Duty of Care in COVID-19 Injury Cases
- Coronavirus Alerts from OSHA: Guidance Given to Employers for Protecting Workers from COVID-19 but No New Legal Standards Issued
- Coronavirus on the Job: OSHA Failing to Keep Workers Safe from COVID-19 but New Notice May Help Victims Prove Their Legal Claims.
Victims of neglect or intentional disregard of the dangers we all face from the Coronavirus have avenues for justice in place under the state laws of Indiana and Illinois. Both the victims and their loved ones will be able to file claims against those responsible for their harm. Please be careful out there!
