OSHA Issues Updated Guidance for
COVID-19 in the Workplace

On January 29, 2021, the Occupational Safety and Health Administration (OSHA) issued updated guidance on mitigating and preventing the spread of COVID-19 in the workplace. The new guidance restates prior OSHA guidance and recommendations concerning workplace responses to the COVID-19 pandemic, in addition to adding new recommendations and information about vaccinations and other effective preventative measures.

Just like prior OSHA guidance, the new guidance recommends that employers implement COVID-19 prevention programs for their workplaces that incorporate the following elements:

• Conducting a hazard assessment;
• Identifying exposure risks along with safety measures that may limit the spread of COVID-19 in the workplace, including considerations for higher risk employees;
• Establishing effective communication with employees about COVID-19 safety measures which includes educating and training employees on how to properly implement those measures;
• Performing enhanced cleaning and disinfecting after potentially infected employees vacate the workplace;
• Recording and reporting COVID-19 infections and deaths;
• Providing guidance on screening and testing;
• Implementing protections from retaliation for employees who raise concerns related to COVID-19; and
• Adopting measures to ensure that employees who are infected or potentially infected are separated from the workplace and coworkers.

While these measures may sound familiar to CAAs that already follow OSHA COVID-19 guidance in their pandemic responses, the new guidance also includes new recommendations for employers’ prevention programs, including:

• Assigning a “Workplace Coordinator” responsible for COVID-19 issues in the workplace;
• Providing face coverings to all employees (Note: purchasing and providing masks for employees was not previously recommended by OSHA);
• Providing a COVID-19 vaccine to eligible employees (the CDC has clarified that vaccine providers can be reimbursed for administration fees by the patient's insurance or the Health Resources and Services Administration's Provider Relief Fund); and
• Not distinguishing between vaccinated and unvaccinated employees for purposes of implementing COVID-19 safety measures.

Finally, the guidance offers additional detailed information regarding what OSHA considers to be "key measures", or elements of what OSHA has found to be the most effective workplace programs for limiting the spread of COVID-19. These key measures include separating and sending home potentially infected employees, implementing physical distancing in all communal work areas, installing barriers where distancing cannot be maintained, using face coverings and PPE to suppress the spread of the virus, improving workplace ventilation, providing supplies necessary for good hygiene practices, and performing routine cleaning and disinfection.

As with prior OSHA guidance, this guidance does not create any new legal obligations or constitute new standards or regulations for CAAs or other employers. It is meant to help employers identify the risk of COVID-19 exposure in the workplace and determine appropriate preventative measures. That said, President Biden's Executive Order on Protecting Worker Health and Safety has directed OSHA to take measures geared toward potentially increasing enforcement of OSHA standards and regulations related to COVID-19 safety measures. CAAs should consider OSHA's guidance with this executive order in mind as they continue to implement and adapt existing COVID-19 workplace safety measures in response to the pandemic.

This News Flash is part of the Community Services Block Grant (CSBG) Legal Training and Technical Assistance (T/TA) Center. It was created by Community Action Program Legal Services, Inc. (CAPLAW) in the performance of the U.S. Department of Health and Human Services, Administration for Children and Families, Office of Community Services Cooperative Agreement – Grant Award Number 90ET0467-03-02. Any opinion, findings, conclusions, or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Health and Human Services, Administration for Children and Families.

The contents of this news flash are intended to convey general information only and do not constitute legal advice. Any communication through this publication or through CAPLAW’s website does not constitute or create an attorney-client relationship. If you need legal advice, please contact CAPLAW or another attorney directly.