OSHA Revises its COVID-19 Guidance for Employers

As we previously posted, in June 2021, the Occupational Safety and Health Administration (OSHA) published Guidance on Mitigating the Spread of COVID-19 in the Workplace. On August 13, 2021, OSHA updated its Guidance based upon the Centers for Disease Control and Prevention’s (CDC) recently updated recommendation that fully vaccinated individuals should wear masks in indoor public settings in areas of “substantial or high transmission.”

The updated Guidance largely tracks the prior version, with some notable exceptions. Instead of merely recommending that employers provide employees with paid time off to get vaccinated, OSHA now recommends that employers “facilitate employees getting vaccinated.” OSHA recommends that employers do this by providing vaccinations at work and through the adoption of policies requiring that employees get vaccinated or undergo regular COVID-19 testing.

The updated Guidance also strengthens its encouragement for workers wearing to wear masks at indoor workplace locations. OSHA’s Guidance notes that in areas of substantial or high transmission of COVID-19 the CDC recommends that even fully vaccinated people wear masks indoors in public settings. The Guidance also notes that, regardless of transmissions rates, fully vaccinated individuals may appropriately choose to wear masks in indoor public settings if they are at risk or have a household member who is at risk or not fully vaccinated.

The full text of the updated Guidance can be found here.

Unfortunately COVID-19 issues continue to evolve and impact businesses with compliance issues. Businesses should continue to monitor changes to federal, state, and local COVID-19 requirements, guidance, and recommendations to ensure compliance with their obligations as those obligations continue to change.

If you have questions about your business’s COVID-19 obligations, please contact us at (201) 345-5412 or through our online scheduling system to set up a complimentary consultation.