On August 13, 2021, OSHA issued non-mandatory guidance for employers with respect to COVID-19. It did so in the wake of the CDC’s recent guidance, which called for indoor mask-wearing, even among the vaccinated, in indoor settings in areas where the spread of the virus is substantial or high. OSHA also suggested that employers require testing for those who are unvaccinated and consider mandating vaccines. While this guidance is not a regulation subject to enforcement, it does reflect the current trend of requiring masks indoors due to the Delta variant of the virus. Employers who wish to implement mandatory vaccination policies are on as solid ground as ever in doing so.

OSHA also discusses those workplaces where the transmission risk is higher, such as manufacturing, meat processing, agricultural processing, and high-volume retail and grocery. Employers in these industries are urged to consider steps such as staggered shifts, visual cues for maintaining distancing, and implementing strategies to improve ventilation.