What Does OSHA’s New Guidance on Workers Safety Mean for Employers?

On January 29, 2020, the Occupational Safety and Health Administration (OSHA) issued new Guidance on mitigation and preventing the spread of COVID-19 in the workplace. The Guidance contains recommendations intended to assist employers in providing a safe and healthy workplace.

The Guidance suggests implementing a workplace COVID-19 Prevention Program (similar to the Pandemic Response Plans that we have discussed previously on this blog), noting that implementation of such a program is the most effective way to reduce the spread of the virus. Essential Prevention Program elements include:

- Conducting a hazard assessment to identify potential workplace hazards;

- Identifying measures that limit the spread of the virus;

- Establishing a two-way system that allows employees to self-report if they are sick or have been exposed and that allows employers to notify workers of exposures and closures;

- Ensuring that absence policies are non-punitive to encourage sick workers to stay home;

- Implementing protections from retaliation and setting up an anonymous process for workers to voice concerns about COVID-19 related hazards.

So, what does this mean for employers? The recommendations set forth in the Guidance are permissive, not mandatory. As such, these are ‘best practices’ that OSHA hopes employers will implement in order to reduce the spread of the virus.

While not mandatory, employers may want to revisit their Pandemic Response Plans to incorporate some or all of the measures OSHA recommends. For questions about this or any other labor and employment law 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, be sure to subscribe to our blog and follow us on social media.