OSHA Issues "Returning to Work" Guidance
Earlier this month, the Occupational Safety and Hazard Administration (“OSHA”) issued new guidance to assist to assist employers and workers in safely returning to work and re-opening businesses deemed by local authorities as “non-essential businesses” during the COVID-19 pandemic. Of particular note is OSHA’s recommendation that employers should implement a re-opening plan that address preventing, monitoring for, and responding to any emergence or resurgence of COVID-19 in the workplace or community. OSHA provides nine “guiding principles” that such plans should address:
Hazard Assessment: Including practices to determine when, where, how, and to what sources of COVID-19 workers are likely to be exposed in the course of their job duties.
Hygiene: Including practices for hand hygiene, respiratory etiquette, and cleaning and disinfection.
Social Distancing: Including practices for maximizing to the extent feasible and maintaining distance between all people, including workers, customers, and visitors.
Identification and Isolation of Sick Employees: Including practices for worker self-monitoring or screening, and isolating and excluding from the workplace any employees with signs or symptoms of COVID-19.
Return to Work After Illness or Exposure: Including after workers recover from COVID-19 or complete recommended self-quarantine after exposure to a person with COVID-19.
Controls: Including engineering and administrative controls, safe work practices, and personal protective equipment selected as a result of an employer’s hazard assessment.
Workplace Flexibilities: Including those concerning remote work and sick leave.
Training: Including practices of ensuring employees receive training on the signs, symptoms, and risk factors associated with COVID-19; where, how, and to what sources of COVID-19 employees might be exposed in the workplace; and how to prevent the spread of COVID-19 at work.
Anti-Retaliation: Including practices for ensuring that no adverse or retaliatory action is taken against an employee who adheres to these guidelines or raises workplace safety and health concerns.
An employer that follows these principles will be well suited, in the event of an audit or investigation, to show that it has met its duty under the “General Duty Clause” to provide a workplace free from recognized hazards likely to cause death or serious physical harm. For assistance with preparing a Pandemic Response Plan, training employees on COVID-19 issues, or any other labor and employment topic, please do not hesitate to contact the attorneys at Hoffman & Hlavac. To stay updated on the key labor and employment law developments that affect your workplace, subscribe to our blog and follow us on social media.