Stepping Back to Move Forward:
Updated OSHA COVID-19 Guidance Responds to
CDC Recommendations

On August 13, 2021, OSHA issued updates to its previously issued guidance for protecting employees from exposure to COVID-19 in the workplace. The guidance reflects new recommendations issued by the Centers for Disease Control and Prevention (CDC) on July 27th regarding safety measures that fully vaccinated people should take in public areas experiencing substantial or high COVID-19 transmission rates (defined as at least 50 new cases of COVID-19 per 100,000 people over the last 7 days).

At multiple points in its guidance, OSHA stresses that COVID-19 vaccinations are highly effective and “a key element in a multi-layered approach to protect workers”.

OSHA now recommends that fully vaccinated people:

• Mask in public indoor settings, including offices, in areas of substantial or high transmission;
• Consider masking regardless of area transmission rates, especially if they are at-risk or living with someone who is at-risk;
• Get tested 3-5 days following a known exposure to someone with suspected or confirmed COVID-19; and
• Wear a mask in public indoor settings for 14 days after exposure or until a negative test result.

Unvaccinated people should continue to mask and take other protective measures in public spaces regardless of area transmission rates.

The guidance mirrors the language used in the CDC’s recommendations, and OSHA emphasizes that these changes have been made in light of the danger posed by the Delta variant. For more information on the CDC’s recommendations, please see this CAPLAW news flash. To review CAPLAW's analysis of OSHA's previously issued guidance, see this news flash.

OSHA is also now recommending that employers consider facilitating employee vaccinations beyond providing leave for employees to get vaccinated. These recommendations include working with providers to vaccinate employees onsite and adopting policies requiring employees to get vaccinated or undergo regular COVID-19 testing. For more information on employee vaccine policies, check out CAPLAW’s webinar with Troutman Pepper LLP, which was part of our Reality Reset: Employer Operations in a Pandemic and Beyond series.

When reviewing their mask policies in light of OSHA's new guidance, CAAs should also consider any requirements or prohibitions imposed by state and local governments.

CAPLAW will continue to monitor further changes in federal guidance as the pandemic continues to evolve.

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 90ET0482-01. 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.