1. The District has not implemented and/or enforced hazard mitigations that include but are not limited to student masking for SARS-CoV-2, the virus that causes COVID-19, to protect employees. On August 11, 2021, The Illinois State Board of Education (ISBE) issued a letter to all superintendents titled,
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"Enforcement of Universal Masking Requirement." This letter highlights Executive Order 2021-18, that requires that all students, staff, and visitors wear masks indoors in all P-12 schools in Illinois. While IL OSHA cannot directly enforce this executive order, the Illinois Occupational Safety and Health Act requires employers to protect employees from recognized hazards that cause or are likely to cause death or serious physical harm to its employees (820 ILCS 219/20(a)). Employers that violate this section of the Act may be cited and/or referred to another regulatory authority such as the ISBE. Employers that intentionally violate or show plain indifference to this section of the Act may be cited with a violation classified as willful. (820 ILCS 219/20) Sec. 20. Duties of employers and employees. (a) Every public employer must provide reasonable protection to the lives, health, and safety of its employees and must furnish to each of its employees employment and a workplace which are free from recognized hazards that cause or are likely to cause death or serious physical harm to its employees. The District must show that they have implemented measures to protect employees from SARS-CoV-2, and these measures are enforced. 2. It is alleged that an employee of the District was recently hospitalized with COVID-19 within the past two weeks. IL OSHA requests that the District provides their determination as to why this hospitalization was not work-related. The District is also required to log this as a respiratory illness on their injury and illness logs (OSHA 300 logs). The school board and superintendent are ultimately responsible for ensuring a safe workplace and complying with the Illinois Occupational Safety and Health Act.
Source: Osha.gov | Receipt Date: 2021-12-06
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