OSHA Issues New COVID-19 National Emphasis Plan and Interim Enforcement Response Plan
Contact Clara (C.B.) Burns, Charles C. High, Jr., Michael D. McQueen and Gilbert L. Sanchez -
March 29, 2021
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This month, the Occupational Safety and Health Administration (OSHA) released a new National Emphasis Program designed to reduce or eliminate worker exposures to COVID-19 by targeting specific “high-hazard industries or work tasks” with greater frequency of close contact between workers for on-site inspections, outreach, and compliance assistance related to COVID-19 prevention and response measures. This program released by OSHA does not apply to state plans, but OSHA is strongly encouraging States to follow its program.
The program specifically targets certain industries based on public enforcement data, such as complaints, inspections and COVID-19-related violations, where the data reflects that workers are expected to perform tasks associated with exposure to COVID-19. Further, the program lists numerous “primary” targets, which are divided up as either healthcare or non-healthcare employers. Primary healthcare employers include doctors’ and dentists’ office, home healthcare services, hospitals, ambulance services, nursing facilities, and assisted living facilities. Primary non-healthcare employers include meat processing facilities, grocery stores, discount department stores, warehousing and storage facilities, restaurants, and correction facilities.
The program adopts a phased approach to scheduling inspections. OSHA will be giving the highest priority to fatality inspections related to COVID-19, followed by inspections related to employee exposure to COVID-19-related hazards. Inspections will either be on-site or use a combination of on-site and remote methods. The program also includes increased follow-up inspections to ensure abatement compliance and additional focus on ensuring workers are protected from retaliation.
The same day OSHA released this program, it also released its Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19) which provides additional guidance to OSHA offices and OSHA compliance officers handling COVID-19-related complaints and reports. This guidance “prioritizes enforcement and focuses on employers that are not making good faith efforts to protect workers.” The guidance also instructs compliance officers that “all inspections should be conducted in a manner to achieve expeditious issuance of COVID-19-related citations and abatement.”
OSHA’s new program and guidance means that employers in the primary target industries face a greater likelihood of upcoming inspections now. Employers should carefully review all safety measures they have been taken to date and compare them to measures recommended by federal, state and local authorities. Additionally, employers should keep an eye out for additional guidance from OSHA since OSHA is expected to release emergency temporary standard related to COVID-19 following President Biden’s January 21, 2021, Executive Order. This standard is expected to define employers’ obligations with respect to COVID-19-related safety measures. Kemp Smith will keep its clients up to date on OSHA’s new standard once it is released. Meanwhile, if you have any questions about your company’s compliance with OSHA’s program and guidance, please feel free to contact Kemp Smith’s Labor and Employment Department at 915-533-4424.
The program specifically targets certain industries based on public enforcement data, such as complaints, inspections and COVID-19-related violations, where the data reflects that workers are expected to perform tasks associated with exposure to COVID-19. Further, the program lists numerous “primary” targets, which are divided up as either healthcare or non-healthcare employers. Primary healthcare employers include doctors’ and dentists’ office, home healthcare services, hospitals, ambulance services, nursing facilities, and assisted living facilities. Primary non-healthcare employers include meat processing facilities, grocery stores, discount department stores, warehousing and storage facilities, restaurants, and correction facilities.
The program adopts a phased approach to scheduling inspections. OSHA will be giving the highest priority to fatality inspections related to COVID-19, followed by inspections related to employee exposure to COVID-19-related hazards. Inspections will either be on-site or use a combination of on-site and remote methods. The program also includes increased follow-up inspections to ensure abatement compliance and additional focus on ensuring workers are protected from retaliation.
The same day OSHA released this program, it also released its Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19) which provides additional guidance to OSHA offices and OSHA compliance officers handling COVID-19-related complaints and reports. This guidance “prioritizes enforcement and focuses on employers that are not making good faith efforts to protect workers.” The guidance also instructs compliance officers that “all inspections should be conducted in a manner to achieve expeditious issuance of COVID-19-related citations and abatement.”
OSHA’s new program and guidance means that employers in the primary target industries face a greater likelihood of upcoming inspections now. Employers should carefully review all safety measures they have been taken to date and compare them to measures recommended by federal, state and local authorities. Additionally, employers should keep an eye out for additional guidance from OSHA since OSHA is expected to release emergency temporary standard related to COVID-19 following President Biden’s January 21, 2021, Executive Order. This standard is expected to define employers’ obligations with respect to COVID-19-related safety measures. Kemp Smith will keep its clients up to date on OSHA’s new standard once it is released. Meanwhile, if you have any questions about your company’s compliance with OSHA’s program and guidance, please feel free to contact Kemp Smith’s Labor and Employment Department at 915-533-4424.
