Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Client Alert

Cleaning and Environmental Firms Should Consider the Legal Risks Before Taking on COVID-19 Disinfection

Author: Scarinci Hollenbeck, LLC

Date: May 1, 2020

Key Contacts

Back

For cleaning and environmental firms seeking to capitalize on new opportunities as a result of COVID-19, it is imperative to fully consider the legal risks

Cleaning and environmental firms are in demand, as businesses strive to deter the spread of COVID-19 and keep their customers, employees and premises safe. For businesses seeking to capitalize on these new opportunities, it is imperative to fully consider the legal risks.

For instance, if you advertise that your company can “disinfect” a space, but fail to remove the virus and someone gets sick, you could face a lawsuit. Similarly, if one of your staff members contracts COVID-19, they could allege that they were exposed to the virus at work.

Therefore, before pivoting your cleaning and environmental firm to COVID-19 disinfection, it is imperative to conduct due diligence. Below are several important considerations:

  • Choose the right disinfectants: According to early studies, COVID-19 can survive on certain surfaces for days. The Environmental Protection Agency (EPA) has published a list of effective disinfectants for COVID-19. It is also important to follow the manufacturer’s instructions for all cleaning and disinfection products for concentration, application method, and contact time.
  • Consult local guidance: Firms should consult with local and state health departments to ensure appropriate local protocols and guidelines, such as updated or additional guidance for cleaning and disinfection, are followed.
  • Protect employees with appropriate protective gear: The risk of exposure to COVID-19 and chemicals being used should inform the type of personal protective equipment (PPE) being used, which may include, but is not limited to, gloves, masks, face shields, and gowns/coveralls. In addition to wearing the proper PPE, it is equally important that workers know how to properly don (put on), use, and doff (take off) PPE, as well as how to properly dispose of PPE.
  • Ensure employees are properly trained: Employees must be fully trained on how to properly use PPE and how to apply chemicals safely and effectively. Staff should also be instructed to immediately notify their supervisor and the local health department if they develop symptoms of COVID-19.
  • Verify OSHA compliance: Businesses must ensure workers are trained on the hazards of the cleaning chemicals used in the workplace in accordance with OSHA’s Hazard Communication standard (29 CFR 1910.1200). Businesses must also comply with OSHA’s standards on Bloodborne Pathogens (29 CFR 1910.1030), including proper disposal of regulated waste, and PPE (29 CFR 1910.132).
  • Verify your insurance coverage: Your existing insurance may not cover claims associated with damage caused by disinfecting chemicals, exposure of workers to COVID-19, and the failure to fully remove the virus from a space. It is important to review your current insurance, as well as determine what additional coverage may be available.
  • Review your contracts: Businesses should similarly review their service contracts with regard to any disclaimers, warranties and other provisions that may be related to COVID-19 cleaning. In many cases, these contracts should be reviewed with an attorney to determine if changes are warranted to protect you from liability.

If you have any questions about how your firm can mitigate its liability during the COVID-19 pandemic, we encourage you to contact one of our knowledgeable attorneys.

If you have questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact me, John Scagnelli, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Beware of Scammers - Don’t Fall for These Trademark Scams post image

Beware of Scammers - Don’t Fall for These Trademark Scams

Many trademark scammers send official looking letters or emails urging immediate action to pressure you to pay them money for your trademark or “additional” services you do not require. If you ever receive a notice asking for payment as to your trademark from any such company, DO NOT PAY IT. To all our clients, we […]

Author: Ronald S. Bienstock

Link to post with title - "Beware of Scammers - Don’t Fall for These Trademark Scams"
Nationwide Preliminary Injunction for CTA Filings Lifted post image

Nationwide Preliminary Injunction for CTA Filings Lifted

FinCEN Beneficial Owner Reporting Must be Completed by January 13 for pre-2024 Companies On December 23, 2024, the 5th Circuit Court of Appeals lifted the injunction that stayed the enforcement of the Corporate Transparency Act put into place by a federal judge in Texas.  The result is that if you are required to file a […]

Author: Scott H. Novak

Link to post with title - "Nationwide Preliminary Injunction for CTA Filings Lifted"
FinCEN Corporate Transparency Act filings shut down by the US District Court for the Eastern District of Texas post image

FinCEN Corporate Transparency Act filings shut down by the US District Court for the Eastern District of Texas

IMPORTANT UPDATE! FinCEN Corporate Transparency Act filings shut down by the US District Court for the Eastern District of Texas Under the Corporate Transparency Act (CTA), entities that were in existence before January 1, 2024 are required to file Beneficial Owner Reports (BOR) with the Financial Crimes Enforcement Network (FinCEN) before January 1, 2025.  Requirements […]

Author: Scott H. Novak

Link to post with title - "FinCEN Corporate Transparency Act filings shut down by the US District Court for the Eastern District of Texas"
New Intoxicating Hemp Law Will Dramatically Affect New Jersey Cannabis, Hemp, and Liquor Industries post image

New Intoxicating Hemp Law Will Dramatically Affect New Jersey Cannabis, Hemp, and Liquor Industries

On September 12, 2024, Gov. Phil Murphy signed controversial legislation that will dramatically alter New Jersey’s cannabis, hemp, and liquor industries. The new law aims to regulate the influx of intoxicating hemp products into the marketplace by bringing them under the purview of the New Jersey Cannabis Regulatory Commission (CRC). That means that edibles, THC-infused beverages, […]

Author: Daniel T. McKillop

Link to post with title - "New Intoxicating Hemp Law Will Dramatically Affect New Jersey Cannabis, Hemp, and Liquor Industries"
Wheels Moving on Reclassification of Cannabis as AG Launches Rulemaking Process post image

Wheels Moving on Reclassification of Cannabis as AG Launches Rulemaking Process

On May 16, 2024, President Joe Biden announced that his administration is committed to reclassifying cannabis. Shortly thereafter, Attorney General Merritt Garland initiated the formal rulemaking process to move cannabis from a Schedule I to a Schedule III drug under the Controlled Substances Act (CSA). “This is monumental,” President Biden said in a video statement […]

Author: Daniel T. McKillop

Link to post with title - "Wheels Moving on Reclassification of Cannabis as AG Launches Rulemaking Process"
Two PFAS Are Now Hazardous Substances under CERCLA post image

Two PFAS Are Now Hazardous Substances under CERCLA

The U.S. Environmental Protection Agency (EPA) continues to take significant action regarding the regulation of per- and polyfluoroalkyl substances or PFAS. On April 19, 2024, the EPA released its Final Rule designating PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which will allow EPA to use the […]

Author: Daniel T. McKillop

Link to post with title - "Two PFAS Are Now Hazardous Substances under CERCLA"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!