OSHA Updates COVID-19 Guidance

LEGAL UPDATE: On August 13, 2021, OSHA updated its guidance to protect workers and mitigate and/or prevent the spread of COVID-19 in the workplace. OSHA adopted the CDC's recommendations issued on July 27, 2021. OSHA's recommendations mirror CDC in that everyone should wear masks indoors whether or not vaccinated and the quarantine/testing times were revised.

OSHA also “strongly encourages” employers to provide paid time off to workers to obtain vaccinations and recover from side effects, as it states that vaccinations are the most effective way to protect workers. It also suggested, but has not yet required, that employers consider adopting policies requiring workers to get vaccinated or to undergo regular COVID-19 testing - in addition to mask wearing and distancing.

OSHA noted that many healthcare workplaces are covered by the mandatory Emergency Temporary Standard, which is already in effect.

As to all workplaces, OSHA reminded employers that under its General Duty Clause (OSHA Section 5(a)(1)), employers are required to provide their workers with a safe and healthful workplace free from recognized hazards that are causing or are likely to cause serious physical harm or death. This Section is used for enforcement purposes.

Note: Be very careful about OSHA’s use of the term “guidance” since OSHA makes it clear that it will look to whether these CDC and OSHA guidances are being followed when determining whether you kept your workers safe. Following CDC/OSHA guidance is your best defense against enforcement liability.

Here is the link to the updated guidance https://www.osha.gov/coronavirus/safework