Add this monkey wrench to the list of things an employer has to wrestle with as stay-at-home and shutdown orders are lifted: Can an employee, fearful of contracting coronavirus, refuse to return to work?
If that employee has not yet stepped foot on the jobsite, the short answer is no. Employers still hold the upper hand. According to the U.S. Occupational Health and Safety Administration (OSHA), an employee cannot refuse to work because of a potentially unsafe condition in the workplace. Fear of contracting coronavirus is also not a covered disability under another workplace law, the Americans with Disabilities Act (ADA).
