OSHA revises NEP, updates IERP for COVID-19
Following an evaluation of inspection and illness data, OSHA has revised the list of targeted industries in its National Emphasis Program (NEP) for COVID-19 and removed the list of Secondary Target Industries.
OSHA launched the original NEP on March 12, 2021, to focus on companies that put the greatest number of workers at serious risk of contracting COVID-19, and on employers that retaliate against employees who complain about unsafe or unhealthful conditions or exercise other rights under the Occupational Safety and Health Act.
Inspections in non-healthcare establishments will follow procedures outlined in OSHA’s Updated Interim Enforcement Response Plan (IERP) published July 7, 2021. The updated IERP replaces the memorandum dated March 12, 2021. Updates include:
- Enforcing protections for workers in non-healthcare industries who are unvaccinated or not fully vaccinated;
- Where respirator supplies and services are readily available, OSHA will stop exercising enforcement discretion for temporary noncompliance with the Respiratory Protection standard based on employers’ claims of supply shortages due to the COVID-19 pandemic;
- OSHA will no longer exercise enforcement discretion for the same requirements in other health standards, where full compliance may have been difficult for some non-healthcare employers due to the COVID-19 pandemic;
- Updated instructions and guidance for OSHA area offices and compliance officers for handling COVID-19-related complaints, referrals, and severe illness reports; and
- Ensuring workers are protected from retaliation.
OSHA says the IERP is intended to identify exposures to COVID-19 hazards, ensure appropriate control measures are implemented, and address violations of OSHA standards (other than the Emergency Temporary Standard) and the General Duty Clause. The updated IERP will remain in effect until further notice and is intended to be time-limited to the current COVID-19 public health crisis.