New OSHA Guidance: Mitigating And Preventing The Spread Of COVID-19 In The Workplace

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On January 21, 2021, President Biden issued an executive order requiring the issuance of revised guidance to employers for workplace safety during the COVID-19 pandemic.
 
In response to this executive order, the Occupational Safety and Health Administration (OSHA) posted new guidance, on Friday, January 29, 2021, regarding mitigating and preventing the spread of COVID-19 in the workplace (outside of the healthcare setting context).
 
The new guidance also reiterates employers’ requirements regarding recording work-related cases of COVID-19 and reporting COVID-19 fatalities and hospitalizations.
 
While there are no new legal requirements in the guidance, the recommendations are intended to assist employers in providing a safe workplace in light of the ongoing pandemic.
Employer Safety Plans
OSHA’s new guidance is consistent with New York State’s requirement for each business or entity, including those designated as essential, to develop a written safety plan outlining how its workplace will prevent the spread of COVID-19. Key aspects of the written safety plan must address:
  • Safety measures such as:
    • providing workers with face masks,
    • requiring the use of face masks and physical distancing,
    • installing barriers where physical distancing cannot be maintained,
    • improving ventilation, providing supplies necessary for good hygiene practices, and
    • performing routine cleaning and disinfection;
  • Communicating, educating and training workers regarding COVID-19 policies and procedures;
  • Instructions for workers who are infected or potentially infected such as instructions to stay home and isolate or quarantine;
  • Daily screening of workers, clients and other visitors in the workplace;
  • Isolating workers, clients and visitors who begin to experience COVID-19 symptoms while in the workplace; and
  • Performing enhanced cleaning and disinfection after people with suspected or confirmed CONVID-19 have been in the workplace.
Safety Measures for Vaccinated Workers
OSHA’s new guidance also clarifies that even individuals who have been vaccinated must also follow all safety precautions (e.g., wearing masks and maintaining physical distancing), as there is no reported evidence that COVID-19 vaccines prevent transmission of the virus from person-to-person.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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