Recommendations for Employers from OSHA’s New COVID-19 Guidance

OSHA’s new COVID-19 guidance is advisory in nature and creates no new legal obligations. However, one of President Biden’s first acts after being sworn in was to sign an Executive Order on Protecting Worker Health and Safety that directs OSHA to increase enforcement of existing agency standards and investigate whether a new standard for COVID-19 mitigation is needed. Given that, employers may want to consider OSHA’s new COVID-19 guidance a strong recommendation.

OSHA recommends that employers and employees implement a COVID-19 prevention program that includes the following elements:

• Masks and social distancing
• A hazard assessment
• Measures to limit the spread of the virus
• Ways to identify (and send home) sick employees and policies for employee absences that don’t punish workers for staying home when sick
• Communication of coronavirus policies and procedures in both English and the primary language of non-English speaking workers
• Protections from retaliation for workers who raise coronavirus-related concerns

According to OSHA, here is what workers need to know about COVID-19 protections in the workplace:

• The best way to protect yourself is to stay far enough away from other people so that you are not breathing in particles produced by an infected person – generally at least 6 feet (about 2 arm lengths), although this is not a guarantee, especially in enclosed spaces or those with poor ventilation.
• Practice good personal hygiene and wash your hands often. Always cover your mouth and nose with a tissue when you cough or sneeze or use the inside of your elbow and do not spit. Monitor your health daily and be alert for COVID-19 symptoms (e.g., fever, cough, shortness of breath, or other symptoms of COVID-19).
• Face coverings are simple barriers to help prevent your respiratory droplets or aerosols from reaching others. Not all face coverings are the same; the CDC recommends that face coverings be made of at least two layers of a tightly woven breathable fabric, such as cotton, and should not have exhalation valves or vents.
• The main function of wearing a face covering is to protect those around you, in case you are infected but not showing symptoms. Studies show that face coverings reduce the spray of droplets when worn over the nose and mouth.
• Although not their primary value, studies also show that face coverings can reduce wearers’ risk of infection in certain circumstances, depending upon the face covering.
• You should wear a face covering even if you do not feel sick. This is because people with COVID-19 who never develop symptoms (asymptomatic) and those who are not yet showing symptoms (pre-symptomatic) can still spread the virus to other people.
• It is especially important to wear a face covering when you are unable to stay at least 6 feet apart from others since COVID-19 spreads mainly among people who are in close contact with one another. But wearing a face covering does not eliminate the need for physical distancing or other control measures (e.g., handwashing).
• It is important to wear a face covering and remain physically distant from co-workers and customers even if you have been vaccinated because it is not known at this time how vaccination affects transmissibility.
• Many employers have established COVID-19 prevention programs that include a number of important steps to keep workers safe – including steps from telework to flexible schedules to personal protective equipment (PPE) and face coverings. Ask your employer about plans in your workplace.

GTM will continue to provide updates to help employers with the resources they need to keep their employees safe and their business in compliance.

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