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OSHA Issues New Guidance on COVID-19

By Salvatore G. Gangemi on February 16, 2021
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On January 29, 2021, OSHA posted new guidance intended to inform employers and workers in identifying risks of exposure to COVID-19.  The new guidance applies to industries outside of healthcare.  OSHA previously issued separate guidance applicable to healthcare and emergency response.  The guidance does not create any new legal requirements or obligations, but is advisory only.  OSHA intends for the guidance to assist employers with planning.

OSHA’s recommendations include:

  1. Assignment of a workplace coordinator responsible for COVID-19 issues.
  2. Identification of where and how workers might be exposed to COVID-19 at work.
  3. Identification of a combination of measures that will limit the spread of COVID-19 in the workplace based on a hierarchy of controls.
  4. Consideration of protections for workers at higher risk for severe illness.
  5. Establishment of a system for effective communications in a language that all workers understand.
  6. Education and training workers on company COVID-19 policies and practices.
  7. Instructing infected or potentially infected workers to stay home and isolate or quarantine to prevent or reduce the risk of future transmission.
  8. Minimizing the negative impact of quarantine and isolation on workers.
  9. Immediately isolating workers who display symptoms at work.
  10. Performing enhanced cleaning and disinfection after people with suspected or confirmed COVID-19 have been in the facility.
  11. Providing guidance on screening and testing.
  12. Recording and reporting COVID-19 infections and deaths.
  13. Implementing protections from retaliation and setting up an anonymous process for workers to voice concerns about COVID-19 related hazards.
  14. Making a COVID-19 vaccination program or informational series at no cost to all eligible employees.
  15. Not distinguishing between workers who are vaccinated and those who are not.
  16. Consideration of other applicable OSHA Standards that apply to protecting workers from infection.

The new guidance contains additional detail in implementing OSHA’s recommendations.

As always, Murtha Cullina’s Labor and Employment Group is available to discuss your specific situation and guide you through OSHA’s latest guidance and managing COVID-19 in the workplace.

Photo of Salvatore G. Gangemi Salvatore G. Gangemi

Salvatore G. Gangemi is a Partner in the Litigation Department of Murtha Cullina and a member of the Labor and Employment Practice Group. He advises clients with respect to state, federal and local employment laws. In addition, he litigates matters involving misappropriation of…

Salvatore G. Gangemi is a Partner in the Litigation Department of Murtha Cullina and a member of the Labor and Employment Practice Group. He advises clients with respect to state, federal and local employment laws. In addition, he litigates matters involving misappropriation of trade secrets, restrictive covenants, breach of employment contract, fiduciary duty, and other work-related common law claims. Sal also counsels clients on day-to-day issues involving workplace management and administration, including requests for reasonable accommodation for disabilities, for family and medical leave, and wage and hour issues.  He conducts employment law training on a variety of topics, including sexual harassment prevention and wage/ hour compliance.  He also drafts employment policies and agreements, and assists clients in auditing worker classification practices and policies both in the context of the Fair Labor Standards Act and state laws governing independent contractor determinations.

Read more about Salvatore G. GangemiEmail Salvatore G.'s Linkedin Profile
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  • Posted in:
    Employment & Labor
  • Blog:
    Employment Law Perspectives
  • Organization:
    Murtha Cullina LLP
  • Article: View Original Source

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