Watch for possible federal OSHA COVID-19 rule by March 15
As part of the new administration’s efforts to slow the spread of COVID-19, President Biden issued Executive Order (EO) 13999 on January 21 calling for OSHA and other agencies to protect worker health/safety. Specific actions in the EO include:
- Determine if an emergency OSHA standard on COVID-19 is needed, and, if so, issue one by March 15, 2021.
- Determine if an emergency MSHA standard on COVID-19 is needed, and, if so, issue one ASAP.
- Launch a national OSHA enforcement program to focus on COVID-19-related violations that put the largest number of workers at serious risk.
- Look for ways to cover state, county, and city government workers in non-state-plan states, by using DOT (e.g., for highway work) and other federal government agencies to “require” protections.
- Conduct an OSHA multilingual outreach campaign to inform workers of their rights under the law.
- Review and strengthen all COVID-19 guidance documents that OSHA issued for employers.
For the last bullet, OSHA already issued a guide entitled, “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.” The publication provides stronger, updated guidance for implementing a COVID-19 prevention program.
SOURCES: Protecting Worker Health and Safety; Presidential Documents: Executive Order 13999 of January 21, 2021; Federal Register Vol. 86, No. 15 – 1/26/2021
Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace; OSHA guidance – 1/29/2021