OSHA Releases COVID-19 National Emphasis Program

On March 12, 2021, the Occupational Safety and Health Administration (OSHA) launched a national emphasis program (NEP) for COVID-19. OSHA establishes NEPs when it identifies a need to focus its resources to address particular hazards and high-hazard industries.

This NEP will remain in effect for one year until March 12, 2022, but OSHA has the ability to amend or cancel the program as needed.

The COVID-19 NEP

Prior OSHA guidance primarily addressed mitigating and limiting the spread of COVID-19. This NEP prioritizes the use of OSHA resources to eliminate and control workplace exposure to COVID-19.

OSHA intends to favor the use of on-site workplace inspections to enforce compliance with this NEP. However, at its discretion, OSHA will conduct remote inspections if on-site inspections cannot be performed safely. OSHA has updated its interim enforcement response plan to reflect these new areas of focus.

With the release of this NEP, OSHA has also stated it will focus enforcement efforts on employers that are not making good faith efforts to protect workers. OSHA will use reports of work-related deaths and hospitalizations to allocate enforcement resources. To this end, this NEP encourages workers to raise concerns when they perceive employers are failing to protect them from COVID-19.

Next Steps

Employers should familiarize themselves with OSHA’s COVID-19 NEP, implementing all policies, measures and procedures necessary for compliance with OSHA regulations. Employers are encouraged to visit OSHA’s COVID-19 website for guidance on how to comply with workplace safety requirements.

CDC Issues Long-Awaited Guidance for Fully Vaccinated People

The Centers for Disease Control and Prevention (CDC) has released new guidance for people who have been fully vaccinated with a COVID-19 vaccine. Such individuals have been given the go-ahead to resume many activities that have been on hold since the beginning of the pandemic.

What’s Changed

According to the CDC, people are considered fully vaccinated two weeks after their second dose in a two-dose series, like the Pfizer-BioNTech or Moderna vaccines, or two weeks after a single-dose vaccine, like Johnson & Johnson’s vaccine. According to the guidance, people who have been fully vaccinated:

·         Can gather indoors with fully vaccinated people without wearing a mask.

·         Can gather indoors with unvaccinated people from one other household (for example, visiting with relatives who all live together) without masks, unless any of those people or anyone they live with has an increased risk for severe illness from COVID-19.

·         Do not need to avoid others or get tested if they’ve been around someone who has COVID-19 unless they have symptoms. However, those who live in a group setting (like a correctional or detention facility or group home) and are around someone who has COVID-19 should still stay away from others for 14 days and get tested, even if they don’t have symptoms.

What Hasn’t Changed

For now, people who have been fully vaccinated should still take steps to protect themselves and others, like wearing a mask, staying at least 6 feet apart from others, and avoiding crowds and poorly ventilated spaces. These precautions should be taken when:

·         In public

·         Gathering with unvaccinated people from more than one other household

·         Visiting with an unvaccinated person who is at increased risk of severe illness or death from COVID-19 or who lives with a person at increased risk

Additionally, the CDC says fully vaccinated people should avoid medium or large-sized gatherings, delay travel, watch out for symptoms of COVID-19 and follow the applicable guidance at their workplace.

What This Means

As we learn more about COVID-19 vaccines, the CDC will continue to update its recommendations for both vaccinated and unvaccinated individuals. Until there is more information about COVID-19, everyone—even people who are fully vaccinated—should continue taking basic prevention steps when recommended. We will continue to keep you updated on any noteworthy developments

FDA Issues Emergency Use Authorization for Johnson & Johnson COVID-19 Vaccine

The U.S. Food and Drug Administration (FDA) recently issued an Emergency Use Authorization (EUA) for Johnson & Johnson’s COVID-19 vaccine to be distributed in the United States for use by individuals 18 years of age and older.

This authorization follows a recommendation from the FDA’s Vaccines and Related Biological Products Advisory Committee (VRBPAC) to issue a EUA for the vaccine, and confirms that Americans will have access to a third effective coronavirus vaccine that will allow states to increase distribution.

According to the FDA, the effectiveness data to support its EUA includes an analysis of participants who did not have evidence of SARS-CoV-2 infection prior to receiving the vaccine. This ongoing study is being conducted in South Africa, certain countries in South America, Mexico and the United States. Overall, the vaccine was found to be approximately 67% effective in preventing moderate to severe COVID-19 cases occurring at least 14 days after vaccination and 85% effective in preventing moderate to severe COVID-19 cases occurring at least 28 days after vaccination. Additionally, the FDA has not identified any specific safety concerns, and the agency says the vaccine meets its rigorous standards for safety.

Overview of the Johnson & Johnson COVID-19 Vaccine

The Johnson & Johnson COVID-19 vaccine was developed by Janssen Biotech Inc., a subsidiary of Johnson & Johnson, and importantly, requires only one dose, as opposed to the Moderna and Pfizer-BioNTech vaccines which require two doses. The vaccine can also be stored at standard refrigeration temperatures for at least three months, while other vaccines approved for emergency use have stricter refrigeration and storage requirements.  

Next Steps

There are around 4 million doses of this vaccine ready to be distributed, and shipments of the vaccine are set to begin immediately. Distribution of the vaccine could begin as soon as Tuesday, March 2. Johnson & Johnson plans on providing up to 20 million shots in the next month and 100 million over the summer.

Employers should continue to monitor updates from local officials for vaccine availability. Better Business Planning, Inc. will keep you updated on any noteworthy developments 

IRS Issues Guidance on COVID-19 Relief for Health FSAs and DCAPs

On Feb. 18, 2021, the IRS released Notice 2021-15 to clarify special rules for Section 125 plans, health flexible spending arrangements (FSAs) and dependent care assistance programs (DCAPs).

Temporary Special Rules for Health FSAs and DCAPs

The Notice is intended to clarify the application of special rules for health FSAs and DCAPs provided under the Consolidated Appropriations Act, 2021 (CAA). The CAA provides flexibility with respect to carryovers of unused amounts, extends the time period for incurring claims, permits post-termination reimbursements from health FSAs and provides special rules for dependents who “age out” of DCAP coverage during the COVID-19 public health emergency. The Notice provides details and examples regarding these rules.

Section 125 Mid-year Election Changes

The Notice’s relief for mid-year Section 125 plan elections for plan years ending in 2021 is similar to prior guidance for calendar year 2020. Section 125 plans may permit employees to make or revoke election changes in certain circumstances. The Notice clarifies that employers can decide how long to permit mid-year election changes with no change in status during the plan year and can limit the number of election changes during the plan year that are not associated with a change in status

Over-the-Counter Drugs

The Notice also provides relief with respect to plan amendments expanding reimbursable expenses for health FSAs and HRAs to include over-the-counter drugs and menstrual care products. Amendments to these plans must normally be made on a prospective basis, but these amendments may allow these reimbursements beginning on or after Jan. 1, 2020.

OSHA Issues Proposed Rule Updating the Hazard Communication Standard

On Feb. 5, 2021, the Occupational Safety and Health Administration (OSHA)  released a proposed rule to update its Hazard Communication Standard (HCS) to align it with the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). OSHA is accepting comments on the proposal until 60 days after its publication, which is expected on Feb. 16, 2021.  

The current HCS provides a uniform approach to workplace hazard communications associated with exposure to hazardous chemicals. The rule was updated in 2012 to align it with the GHS in order to provide a common and coherent approach to classifying chemicals and communicating hazard information.

The Proposed Rule

This HCS update aims to help employers improve the quality and consistency of the information recorded on safety data sheets (SDSs) and how they communicate this information to their workers. OSHA believes improved information and communication will increase worker protections and reduce the incidence of chemical-related occupational illnesses and injuries. The proposed modifications include:

þ  Revised criteria for classification of certain health and physical hazards;

þ  Revised provisions for updating labels;

þ  New labeling rules for small containers;

þ  Technical amendments related to the contents of SDSs; and

þ  Revisions to definitions of terms used in the standard.

Next Steps for Employers

Employers subject to the HCS should review this proposed rule to determine whether it affects their current information and communication processes.  These employers should also continue to monitor OSHA’s website for updates on the proposal.

Employer Overview of the COVID-19 Vaccines

The COVID-19 pandemic has been wreaking havoc in the United States for over a year at this point. Now, vaccines are finally here. There is a lot of information on the internet regarding the vaccines, some of which is misleading. It’s important for employers to learn the facts about the COVID-19 vaccines so they can better protect their employees and customers.

This article provides an overview of the COVID-19 vaccines and answers some common questions relevant to employers. Information comes primarily from the Centers for Disease Control and Prevention (CDC) and may be updated over time.

Prescription Drug Trends

Prescription Drug Pricing Trends

As prescription drug costs continue to increase, it’s important for employers to understand the trends behind the rise and what they can do to better manage their health care expenses.

This article provides context for why prescription prices are rising and offers cost-cutting solutions for employers.