OSHA Issues Interim Enforcement Response Plan
Earlier this month, OSHA issued an Interim Enforcement Response Plan related to COVID-19. While the Plan is not groundbreaking, the language reinforces employer requirements and risks during the pandemic.
Of note, the Plan indicates that OSHA received complaints during the initial months of the outbreak related to lack of personal protective equipment (PPE), such as respirators, gloves, and gowns. OSHA has also received complaints expressing concern about a lack of training on appropriate standards and about possible COVID-19 illnesses in the workplace.
The Plan also indicated that OSHA will continue to conduct workplace inspections during the pandemic. Prior to the inspection, OSHA will request certain information which includes “whether the employer has a written pandemic plan as recommended by the CDC. If this plan is a part of another emergency preparedness plan, the review does not need to be expanded to the entire emergency preparedness plan (i.e., a limited review addressing issues related to exposure to pandemics would be adequate). The evaluation of an employer’s pandemic plan may be based upon other written programs and, in a hospital, a review of the infection control plan.” OSHA will also “review employee training records, including any records of training related to COVID-19 exposure prevention or in preparation for a pandemic, if available.”
The Plan further emphasizes that OSHA inspectors are required to inform any employee lodging a complaint regarding of COVID-19 exposure or reporting illnesses may be covered under one or more whistleblower statutes. The inspectors are required to inform complainants of their protections from retaliation and refer them to a website to obtain additional information.
As with many other laws, the majority of the OSHA requirements that were in place prior to the pandemic remain in place today. Employers are required to provide a safe and healthy workplace for their employees. If an employer receives a call or letter from OSHA regarding a complaint, the first step should not be playing Inspector Gadget to determine who made the complaint. The first step should be preparing all information and documentation relevant to the issue to properly respond and to remember that even if you do determine who made the complaint, you are prohibited from retaliating against an employee for making and OSHA complaint, this includes a complaint about COVID-19 related issues.
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