Tagged: Occupational Safety and Health Administration (OSHA)

OSHA Releases New Workplace Guidance on COVID-19

On January 21, 2021, President Biden issued the Executive Order on Protecting Worker Health and Safety (“Executive Order”) directing, among other things, that the federal Occupational Safety and Health Administration (OSHA) issue, within two weeks, revised guidance to employers on workplace safety during the COVID-19 pandemic, consider establishing emergency temporary standards for workplace COVID-19 protections, and, if needed, issue such standards by March 15, 2021. The Executive Order also requires that OSHA launch a national program to focus its enforcement efforts on those violations that place the greatest number of employees at serious risk or conflict with anti-retaliation principles and publicize its efforts through a multilingual outreach campaign to inform employees of their rights under OSHA’s applicable regulations, with special emphasis on communities hit hardest by COVID-19. On January 29, 2021, as directed by the Executive Order, OSHA issued new guidance, entitled Protecting Workers: Guidance on Mitigation and Preventing the Spread of COVID-19 in the Workplace (the “Guidance”). The Guidance, which is supplemented by industry-specific measures, provides recommendations to assist employers in creating and maintaining safe and healthy workplaces, while also describing OSHA’s current safety and health standards. The new Guidance is not substantially different from previous OSHA guidance, but it sets a different tone – signaling greater support for OSHA enforcement. Importantly, the Guidance...

Reopening Considerations for New Jersey: What Employers Need to Know About OSHA

As New Jersey begins to reopen under Governor Murphy’s reopening plan and more employees prepare to return to their physical workplaces, employers must continue to navigate a myriad of federal, state, and local guidance regarding how to best protect their workforces and prevent the spread of COVID-19. While many employers, particularly those outside of the construction industry, may not be used to regular dealings with the United States Department of Labor Occupational Safety and Health Administration (OSHA), all employers must consider OSHA’s COVID-19 Guidelines as they prepare reopening plans. While OSHA’s reopening guidance is advisory in nature, employers should remember that the Occupational Safety and Health Act’s (“OSH Act”) General Duty Clause (Section 5(a)(1)) requires all employers to provide employees with workplaces that are free from recognized harms that are likely to cause death or serious physical harm, which could include exposure to COVID-19. Thus, employers should be careful to ensure that their reopening plans comply with OSHA’s guidelines (along with more stringent state or local guidelines if they exist). The OSHA Guidelines categorize risk of worker exposure to COVID-19 from low to very high and lay out specific measures of protection that are recommended at each risk level. Employers should consult this portion of the Guidelines for specific guidance. The Guidelines also outline more...