The
Occupational Safety and
Health Act (the Act) was enacted to regulate workplace safety and health.
The Act is administered by the
Occupational
Safety and Health Administration (OSHA).
The Act and its accompanying regulations identify a
significant number of recognized hazards and establish safety and health
standards to address them. However, even when no standard specific to a
recognized hazard applies, the Act requires employers to look after their
employees’ general safety and health
.
For
this reason, from time to time OSHA has published guidance for employers on
dealing with various general health concerns, including epidemics and
infectious diseases. This Compliance Bulletin provides OSHA’s guidance on how
employers can prepare for and deal with COVID-19.
Employers subject to OSHA should become familiar with
OSHA’s interim guidance on COVID-19.
In addition, these employers should also:
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Continue to monitor COVID-19 developments;
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Review their workplace safety reporting and
recording policies to ensure they are ready to respond to COVID-19 workplace
issues;
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Determine whether and how remote work policies
may affect their obligation to provide employees with a safe and healthy work
environment; and
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Review employee anti-retaliation protections for
reporting workplace hazards and concerns.
Overview
The evolving coronavirus outbreak was first identified in Wuhan
City, Hubei Province, China. Since its identification, this virus has spread to
a growing number of other
countries, including the United States. The latest
situation summary updates are available on CDC’s
COVID-19 webpage.
At this time, the U.S. Centers for Disease Control and
Prevention (CDC) is emphasizing that the risk to individuals is dependent on
exposure. Because of their proximity to infected individuals, workers in
certain industries are at a higher risk for contracting COVID-19. A higher exposure risk also exists for
individuals who travel to areas where the virus is spreading. According to
OSHA, industries posing an elevated risk of worker exposure to COVID-19 (and
other infectious or communicable diseases) include:
·
Health care
·
Death care
·
Laboratories
·
Airline operations
·
Border protection
·
Solid waste and wastewater management
In addition to OSHA’s guidance, employers and workers
should consult
CDC guidance specific to COVID-19. The CDC
also provides tips on
what the general public should do during
the ongoing outbreak.
OSHA Interim Guidance
OSHA’s interim guidance on COVID-19 includes information
on:
·
A list of
additional resources
employers may use to understand, prepare for and deal with COVID-19.
Employers are encouraged to visit and review this
information often to stay up to date with developments on this global concern. The
sections below provide a high overview of the information mentioned above.
According to the CDC, the risk of COVID-19 infection for
most people in the United States
is currently low. However, workers in the industries mentioned above may be at
a higher risk of exposure to COVID-19. Employers in these industries should
take additional steps to protect their employees.
The hazard recognition section provides practical advice
and tips employers can use to detect possible workplace outbreaks and identify
affected individuals.
This section highlights OSHA standards, directives
(instructions for compliance officers) and other related information that may
apply to worker exposure to COVID-19.
While there is no specific OSHA standard covering COVID-19,
some OSHA requirements may apply to preventing occupational exposure to
COVID-19. Among the most relevant are OSHA’s personal protective equipment
standards and the general duty clause. Employers should visit OSHA’s COVID-19
website to review a
table
of affected federal OSHA standards.
There are 28
OSHA-approved State Plans, operating
state-wide occupational safety and health programs. State Plans are required to
have standards and enforcement programs that are at least as effective as
OSHA's, and may have different or more stringent requirements.
Employers affected by an approved OSHA state plan should
check with their local OSHA offices for updates on how state-specific standards
may be affected by COVID-19.
This section addresses measures for protecting workers
from exposure to, and infection with, the novel coronavirus, COVID-19. To
prevent worker exposure to COVID-19, OSHA recommends that employers adopt
infection control strategies based on a thorough
hazard assessment, using appropriate combinations
of:
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Engineering and administrative controls;
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Safe work practices; and
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Personal protective equipment.
Some OSHA standards that apply to preventing occupational
exposure to COVID-19 may also require employers to train workers on elements of
infection prevention, including personal protective equipment.
Workers’ Rights and Employers’ Responsibilities
The Act
prohibits employers
from retaliating against workers for raising concerns about safety and health
conditions.
In addition, OSHA's Whistleblower Protection Program
enforces the provisions of more than 20 industry-specific federal laws
protecting employees from retaliation for raising or reporting concerns about
hazards or violations of various airline, commercial motor carrier, consumer
product, environmental, financial reform, food safety, health insurance reform,
motor vehicle safety, nuclear, pipeline, public transportation agency,
railroad, maritime, securities, and tax laws.
OSHA encourages workers who suffer such retaliation
to
submit a complaint to OSHA as soon
as possible in order to file their complaint within the legal time limits, some
of which may be as short as 30 days from the date they learned of or
experienced retaliation. An employee can file a complaint with OSHA by visiting
or calling his or her local OSHA office; sending a written complaint via fax,
mail, or email to the closest OSHA office; or filing a complaint online. No
particular form is required and complaints may be submitted in any language.
OSHA provides recommendations intended to assist employers
in creating workplaces that are free of retaliation and guidance to employers
on how to properly respond to workers who may complain about workplace hazards
or potential violations of federal laws. OSHA urges employers to review its
publication:
Recommended
Practices for Anti-Retaliation Programs (OSHA 3905 - 2017).
Source: Zywave, 2020.