On January 29, 2021, in line with President Biden’s executive order on the protection of health and safety of employees, the Occupational Safety and Health Administration (OSHA) issued guidance to mitigate and reduce the spread of COVID-19 in workplaces outside the healthcare industry. prevent. . The guideline does not explicitly create new legal obligations for employers, but sets out OSHA’s perspective on best practices. The guidelines also remind employers that they already have enforceable obligations under current federal regulations, including the obligation to provide a workplace that is free of recognized hazards such as COVID-19.
OSHA’s guidance encourages employers to implement a COVID-19 prevention program as the most effective way to reduce the spread of COVID-19. The guidance emphasizes the involvement, communication and training of employees as best practices.
Key components of an OSHA COVID-19 prevention program include:
The allocation of a workplace coordinator responsible for the implementation of the COVID-19 plan.
2. Conducting a hazard assessment to identify potential COVID-19 hazards in the workplace.
3. Implementation measures to limit the spread of COVID-19, including requiring employees who are ill to have symptoms or are exposed to stay or go home and in quarantine or isolation as recommended by the CDC; implementation of physical distance; the use of face masks and other personal protective equipment; improvement of ventilation; encourage good hygiene; and perform regular cleaning and disinfection regularly, with improved cleaning and disinfection following a suspected or confirmed case of COVID-19.
4. The protection of workers at higher risk of serious illness, including through reasonable accommodation to persons with disabilities, as required by Americans with disabilities.
5. Encourage employees to report COVID-19 symptoms, exposure, and COVID-19 hazards in the workplace.
6. Training and education of workers, contractors and visitors to facilities on COVID-19 policies and infection mitigation procedures.
7. Minimizing the impact of required quarantines on employees through teleworking and / or use of available paid leave.
8. The supply and testing in the workplace.
9. Following OSHA registration and reporting regulations as applicable to COVID-19 diseases and injuries. COVID-19 infections can be recorded on OSHA logs according to existing regulations, as set forth in OSHA’s Revised Coronavirus Disease 2019 (COVID-19) Revision Guidelines, and COVID-19 deaths and hospitalizations may need to be addressed quickly OSHA is reported as set out in OSHA Reporting FAQs.
10. The protection of employees against retaliation when claiming rights under OSHA to advocate for their health and safety, in accordance with section 11 (c) of the OSH Act.
11. The provision of COVID-19 vaccines free of charge to employees and information and training on the benefits of vaccines.
12. To ensure that workers continue to wear face masks, take their physical distance and take other appropriate precautions, even after vaccination.
13. Continue to comply with other OSHA requirements, including standards requiring PBT, sanitation, and employee access to medical and exposure records.
OSHA’s guidance could predict future mandatory standards that require employers to implement a COVID-19 prevention program. President Biden has instructed OSHA to consider whether enforceable federal standards are needed and, if so, to issue these standards by March 15, 2021. For now, however, all employers are encouraged to evaluate whether their current COVID-19 policies and plans are consistent. with OSHA’s guidance, and work on, as appropriate, including complying with state and local laws or guidelines regarding COVID-19 mitigation measures.