OSHA Issues Updated COVID-19 Guidance in Compliance with President Biden’s Executive Order

OSHA Issues Updated COVID-19 Guidance in Compliance with President Biden’s Executive Order

OSHA’s guidance related to the COVID-19 pandemic continues to evolve and further changes are expected with President Biden’s new Administration. President Joe Biden’s Executive Order was issued on January 21, 2021, requiring the Federal Government to take swift action to protect workers from the COVID-19 pandemic. As a result, the Occupational Safety and Health Administration (OSHA) has released updated guidance on how to prevent exposure and the spread of COVID-19 in the workplace.

The guidance was posted on OSHA’s website on January 29, 2021, entitled “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace”.  This guidance is not mandatory and does not have the same legal effect as an OSHA standard, however, it does give some insight into what OSHA will include in an emergency temporary standard (“ETS”) which the new Administration wants the OSHA to potentially implement by March 15, 2021. James “Jim” Frederick, a former United Steelworkers safety official, has been named by the Administration as the interim head of OSHA.  He will be focused on drafting and implementing an enforceable emergency COVID-19 standard.  

While these efforts may be opposed by various industry groups, employers must be aware of these potential new developments so they can take the right steps to ensure that they are following the best recommendations to address the pandemic and provide their employees a safe and healthy working environment. Although most employers will be familiar with the parts of this guidance, here are some of the new measures addressed in the guidelines:

• Employers should provide all workers with face coverings (i.e., cloth face coverings, surgical masks) unless their work task requires a respirator.  Many states did not require this and OSHA did not previously recommend employers purchase masks.
• Provide a COVID-19 vaccine at no cost to eligible employees.
• Do not distinguish between vaccinated workers and those who are not vaccinated for purposes of implementing safety measures.
• Minimize the effect of quarantine and isolations by implementing non-punitive policies, and provide paid sick leave. Employers with less than 500 employees are encouraged to provide FFCRA leave which is still available (though not mandatory) through March 31, 2021, under the Families First Coronavirus Response Act.
• Provide guidance on screening and testing.
• Assign a workplace coordinator responsible for COVID-19 issues.