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On January 29, 2021, and in accordance with President Biden’s Order in Council on Protecting the Health and Safety of Workers, the Occupational Safety and Health Administration (OSHA) issued guidance focused on mitigation and preventing the spread of COVID-19 in workplaces outside the health sector. . The guide does not expressly create any new legal obligations for employers, but rather describes OSHA’s perspective on best practices. The guide also reminds employers that they already have enforceable obligations under existing federal regulations, including the obligation to provide a workplace free from recognized hazards such as COVID-19.
OSHA advice encourages employers to implement a COVID-19 prevention program as the most effective way to mitigate the spread of COVID-19. The guide emphasizes employee involvement, communication and training as best practices.
According to OSHA, important elements of a COVID-19 prevention program include:
1. Designate a workplace coordinator responsible for implementing the COVID-19 plan.
2. Conduct a hazard assessment to identify potential hazards of COVID-19 in the workplace.
3. Implement measures to limit the spread of COVID-19, including forcing sick, symptomatic or exposed employees to stay or return home and self-quarantine or self-isolate as recommended by the CDC ; implementation of physical distancing; use face coverings and other personal protective equipment; improve ventilation; encourage good hygiene; and perform routine cleaning and disinfection on a regular basis, with enhanced cleaning and disinfection after a suspected or confirmed case of COVID-19.
4. Protect workers at higher risk of serious illness, including providing reasonable accommodations for people with disabilities, as required by the Americans with Disabilities Act.
5. Encourage employees to report symptoms, exposure and hazards of COVID-19 in the workplace.
6. Educate and train workers, contractors and facility visitors on COVID-19 policies and infection mitigation procedures.
7. Minimize the impact of required quarantines on employees through teleworking and / or the use of available paid leave.
8. Provide workplace screening and testing.
9. In accordance with OSHA registration and reporting regulations for illness and injury due to COVID-19. COVID-19 infections can be recorded in an OSHA log in accordance with existing regulations, as explained in OSHA’s Revised Application Guide for Recording Coronavirus Disease Cases 2019 (COVID-19), and COVID-19-related deaths and hospitalizations may need to be promptly reported to OSHA directly, as explained in the OSHA Reporting FAQ.
10. Protect employees from retaliation when asserting their rights under OSHA to defend their health and safety, in accordance with Section 11 (c) of the OSH Act.
11. Make COVID-19 vaccines available free of charge to employees and provide information and training on the benefits of vaccines.
12. Ensure that workers continue to wear headgear, physically move away, and take other appropriate precautions even after vaccination.
13. Continue to follow other OSHA requirements, including standards requiring PPE, sanitation, and employee access to medical and exposure records.
OSHA guidelines may foreshadow future mandatory standards requiring employers to implement a COVID-19 prevention program. President Biden has ordered OSHA to review whether binding federal standards are needed and, if so, to publish those standards by March 15, 2021. For now, however, all employers are encouraged assess whether their current COVID-19 policies and plans are coherent. with guidance from OSHA and update as necessary, including to comply with state and local laws or guidelines regarding COVID-19 mitigation measures.
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