OSHA Updates its COVID-19 Guidance for Employers
The Occupational Safety and Health Administration (OSHA) recently published Guidance on Mitigating the Spread of COVID-19 in the Workplace. The guidance, consistent with the Centers for Disease Control and Prevention’s (CDC) recent recommendations for fully vaccinated individuals, is no longer recommending that employers take steps to protect their fully vaccinated workers who are not otherwise at risk, from COVID-19 exposure, unless required by state or local law. The new guidance, however, sets forth specific requirements for employers concerning unvaccinated or “at-risk” workers.
An “at-risk worker” is an individual with an underlying medical condition who is at increased risk for severe illness from COVID-19. The CDC has published guidance concerning individuals who are considered at-risk.
For unvaccinated and at-risk workers, OSHA’s guidance provides that employers should take the following measures:
Provide paid time off for employees to get vaccinated.
Instruct workers who are infected, unvaccinated workers who have had close contact with someone who tested positive for COVID-19, and all workers who exhibit COVID-19 symptoms to stay home from work.
Implement physical distancing for unvaccinated and otherwise at-risk workers in communal work areas.
Provide face coverings or surgical masks to unvaccinated and at-risk workers.
Educate and train workers on the company’s COVID-19 policies and procedures.
Suggest that unvaccinated customers, visitors, or guests wear face coverings.
Maintain ventilation systems.
Perform routine cleaning and disinfection and follow the CDC’s cleaning and disinfection recommendations for known or potential exposures to COVID-19.
Record and report COVID-19 infections and deaths using OSHA’s Form 300.
Implement anti-retaliation protections and set up an anonymous process for workers to express COVID-19 concerns.
Follow other mandatory OSHA standards applicable to the business.
OSHA also issued an Emergency Temporary Standard (ETS), which is applicable to healthcare service and healthcare support businesses.
Because many restrictions have been lifted recently, employers should review their current COVID-19 policies to make sure that any measures contained in the OSHA guidance have not been removed from their own policies. Businesses should also make sure that they are in compliance with any more stringent requirements imposed by state or local laws.
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.