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On January 29 the Occupational Safety and Health Administration (OSHA) released updated guidance (Guidance) on how to mitigate and prevent the spread of COVID-19 in the workplace. The Guidance was issued in response to President Biden’s Executive Order directing OSHA to release clear direction for employers on reducing COVID-19 transmission in the workplace.

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Many employers have already implemented some of the policies and procedures enumerated in the Guidance through their existing pandemic response initiatives. Further, the Guidance notes the changing recommendations issued by the CDC and state and local health departments and indicates that in identified circumstances those recommendations should be followed. There are also some new recommendations in the Guidelines, including the adoption of a comprehensive COVID-19 prevention program. Topics and recommendations in the Guidance include:

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The Guidance also expands upon existing OSHA recommendations for limiting the spread of COVID-19, including implementing and following physical distancing protocols, isolating workers who are infected or potentially infected, and ensuring that individuals have the supplies necessary for good hygiene practices.

While OSHA notes that its Guidance is not a standard or regulation, it states in the Guidance that the Occupational Safety and Health Act (Act) requires that employers comply with safety and health standards and regulations issued and enforced either by OSHA or by an OSHA-approved state plan. OSHA also notes that the Act’s General Duty Clause, Section 5(a)(1), requires employers to provide workers with a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm. Noncompliance with OSHA’s specific regulations and the General Duty clause may result in fines and enforcement directives.

Employers should reevaluate their current compliance and COVID-19 safety controls with OSHA’s updated Guidance and take appropriate steps to ensure that they are following OSHA’s recommendations.

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M. Scott Young 513.352.6617 202.263.4134 <a href="mailto:Scott.Young@ThompsonHine.com">Scott.Young@ThompsonHine.com</a>

Hannah E. Caldwell 216.566.5908 <a href="mailto:Hannah.Caldwell@ThompsonHine.com">Hannah.Caldwell@ThompsonHine.com</a>

or any member of our <a href="https://www.thompsonhine.com/services/labor-amp-employment" target="_blank" rel="noopener">Labor &amp; Employment</a> practice group.

Additional Resources

We have assembled a firmwide multidisciplinary task force to address clients’ business and legal concerns and needs related to the COVID-19 pandemic. Please see our <a href="https://www.thompsonhine.com/services/covid-19-task-force" target="_blank" rel="noopener">COVID-19 Task Force</a> page for additional information and resources.

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

https://admin.thompsonhinedev.contentpilot.net/wp-content/uploads/2022/04/COVID-19_Update_-_OSHA_Issues_COVID-19_ETS_for_Large_Private_Employers-1.pdf

OSHA Issues Updated COVID-19 Guidance

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