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06/15/2021
OSHA Provides New COVID-19 Workplace Guidance
Source: Fisher Phillips, June 14, 2021
The Basics: OSHA Gives Wide Latitude to Most Employers
From an overall perspective, OSHA provides that, except for workplace settings covered by the agency’s healthcare ETS and the remaining mask requirements for public transportation settings, most employers no longer need to take steps to protect their workers from COVID-19 exposure in any workplace, or well-defined portions of a workplace, where all employees are fully vaccinated. However, employers should still protect unvaccinated or otherwise at-risk workers in their workplaces, or well-defined portions of workplaces. Indeed, OSHA’s guidance makes clear that employers not covered by the healthcare ETS no longer need to implement measures to protect fully vaccinated workers, unless those workers are “otherwise at risk” or unless required by federal, state, local, tribal, or territorial laws, rules, and regulations.
For definitional purposes, the agency noted that “unvaccinated workers” are those who do not meet the CDC’s definition of “fully vaccinated” (two weeks past the final shot in a COVID-19 vaccine series). OSHA’s guidance considers “otherwise at-risk” workers to be those who may not be capable of a full immune response to vaccination because of a prior transplant or prolonged use of corticosteroids or other immune-weakening medications.
The 10 Recommended Measures for Covered Employers Under OSHA’s New Guidance
OSHA’s guidance states that employers should engage with workers and their representatives to determine how to implement multi-layered interventions to protect unvaccinated or otherwise at-risk workers and mitigate the spread of COVID-19, including:
- Grant paid time off for employees to get vaccinated.
- Instruct any infected workers, unvaccinated workers who have had close contact with someone who tested positive for SARS-CoV-2, and all workers with COVID-19 symptoms to stay home from work to prevent or reduce the risk of transmission of the virus that causes COVID-19.
- Implement physical distancing for unvaccinated and otherwise at-risk workers in all communal work areas.
- Provide unvaccinated and otherwise at-risk workers with face coverings or surgical masks, unless their work task requires a respirator or other PPE. Employers should provide face coverings to unvaccinated and otherwise at-risk workers at no cost. OSHA also provides that employers should suggest that unvaccinated customers, visitors, or guests wear face coverings.
- Educate and train workers on your COVID-19 policies and procedures using accessible formats and in a language they understand. Communications should be in plain language that unvaccinated and otherwise at-risk workers understand (including non-English languages, and American Sign Language or other accessible communication methods, if applicable) and in a manner accessible to individuals with disabilities. Training should include:
- Basic facts about COVID-19, including how it is spread and the importance of physical distancing (including remote work), ventilation, vaccination, use of face coverings, and hand hygiene.
- Workplace policies and procedures implemented to protect workers from COVID-19 hazards.
- Maintain ventilation systems according to the CDC's Ventilation in Buildings and in the OSHA Alert: COVID-19 Guidance on Ventilation in the Workplace. These recommendations are based on ASHRAE Guidance for Building Operations During the COVID-19 Pandemic.
