On January 29, the Occupational Safety and Health Administration (OSHA) updated its Guidance to reflect developments in science, best practices, and standards regarding exposure and preventative practices in the workplace for COVID-19. OSHA’s new Guidance is likely prompted by President Biden’s Executive Order issued within 48 hours of his innauguration which directed the Labor department to “take swift action to reduce the risk that workers may contract COVID-19 in the workplace.” Notably, the quick response to President Biden suggests OSHA is coming closer to making COVID-19 “guidance” a legally binding regulation. However, the Guidance is not legally binding – for now – and remains general Guidance designed to help employers and workers identify COVID-19 risks and ways to implement control measures.
Much of the Guidance regarding specific workplace protections are those with which we all have become accustomed since early Spring. All the listed protections are common practice over the last eleven months such as maintaining social distance, implementation of physical barriers when social distancing is not possible, requiring a face covering, and practicing good hygiene such as frequent hand washing. The Guidance further recommends an interactive COVID-19 prevention program with employees and with unions as well (if applicable). One aspect of the Guidance not addressed until now relates to vaccinations. OSHA recommends employers develop a vaccine series available to employees at no cost. The agency further recommends employers educate workers about the benefits of receiving the vaccine. The guidance emphasized, however, that all workers should maintain the same preventative and COVID-related control measures regardless of an employee’s vaccination status.
Even though the latest guidance is not a legally binding regulation this round, the current recommended measures offer a preview of potential binding OSHA standards and regulations in the near future. Employers should monitor the situation and prepare for future compliance requirements. NLRA will stay on top of this issue and assist and advise its clients on maintaining compliance with any new regulations.
