How Has OSHA Protected Workers During the Pandemic?
Throughout much of the past year, the Occupational Safety & Health Administration has taken measures in different ways to help protect and minimize workplace exposure to COVID-19. OSHA has issued guidelines in different industries on COVID-19 and the applicability on how they plan to enforce existing standards such as Recording & Reporting Occupational Injuries &Illness, Personal Protective Equipment, and Respiratory Protection to name a few of the more prominent standards. State Plans such as California, Oregon, Virginia, and New York have issued Emergency Temporary Standards (ETS) or taken it upon themselves to provide direction on what employers should be doing to combat COVID-19 in the workplace. These interim enforcement plans have allowed OSHA to continue to enforce regulations in order to protect employees during the ongoing crisis. To further provide directions and procedures, OSHA recently implements a National Emphasis Program (NEP) regarding COVID-19 that is effective as of March 12, 2021.
OSHA’s National Emphasis Program (NEP) for COVID-19
The National Emphasis Program (NEP) aims to focus on enforcement efforts for employers that have the largest number of workers at serious risk of exposure to COVID-19. The program will target those employers in certain “highly hazardous” industries where high frequency or close contact exposure may occur, as well as prioritizing employers that retaliate against workers for complaints about unhealthy workplace conditions.
Normally when implementing a NEP, OSHA will not initiate inspections for at least the first 90 days so that outreach can be conducted. However, OSHA has indicated that they have continually conducted outreach throughout the duration of the pandemic and that inspections can be initiated immediately following the effective date (3/12/21) rather than waiting 90 days.
OSHA Inspection Plan
OSHA plans to cycle inspections using a phased approach based on priority. Inspections may be conducted either onsite or a combination of onsite and remote methods. The NEP will focus on conducting inspections in the following order:
- Unprogrammed Inspection
- Fatalities/Catastrophes
- Complaints/Referrals
- Follow-up Inspection (focus on employers previously inspected as a result of COVID-19 citations)
- Programmed Inspection
- High-hazard industries (determined by NAICS Code)
- Site-Specific Targeting
Key dates for enforcement to keep in mind are as follows:
- March 12, 2021 – NEP becomes effective and OSHA can begin to conduct inspections due to complaints/referrals and follow-up inspections.
- March 26, 2021 – OSHA to begin targeted/programmed inspections.
- May 12, 2021 – State Plans must inform OSHA of their intent to adopt the NEP or to follow their own Emergency Temporary Standards put in place. If a State Plan adopts the NEP, they must submit documentation of their policy to OSHA within 60 days.
Overall Goal of the NEP
The goal of the NEP is to focus on abatement and monitoring the effectiveness of OSHA’s guidance and efforts to protect employees from COVID-19. By coordinating efforts for onsite inspections through the NEP, new strategies and plans may be identified for OSHA to help combat the pandemic. The program will remain in effect for up to one year following the issuance date.
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