On January 29, 2021, OSHA posted new guidance intended to inform employers and workers in identifying risks of exposure to COVID-19.  The new guidance applies to industries outside of healthcare.  OSHA previously issued separate guidance applicable to healthcare and emergency response.  The guidance does not create any new legal requirements or obligations, but is advisory only.  OSHA intends for the guidance to assist employers with planning.

OSHA’s recommendations include:

  1. Assignment of a workplace coordinator responsible for COVID-19 issues.
  2. Identification of where and how workers might be exposed to COVID-19 at work.
  3. Identification of a combination of measures that will limit the spread of COVID-19 in the workplace based on a hierarchy of controls.
  4. Consideration of protections for workers at higher risk for severe illness.
  5. Establishment of a system for effective communications in a language that all workers understand.
  6. Education and training workers on company COVID-19 policies and practices.
  7. Instructing infected or potentially infected workers to stay home and isolate or quarantine to prevent or reduce the risk of future transmission.
  8. Minimizing the negative impact of quarantine and isolation on workers.
  9. Immediately isolating workers who display symptoms at work.
  10. Performing enhanced cleaning and disinfection after people with suspected or confirmed COVID-19 have been in the facility.
  11. Providing guidance on screening and testing.
  12. Recording and reporting COVID-19 infections and deaths.
  13. Implementing protections from retaliation and setting up an anonymous process for workers to voice concerns about COVID-19 related hazards.
  14. Making a COVID-19 vaccination program or informational series at no cost to all eligible employees.
  15. Not distinguishing between workers who are vaccinated and those who are not.
  16. Consideration of other applicable OSHA Standards that apply to protecting workers from infection.

The new guidance contains additional detail in implementing OSHA’s recommendations.

As always, Murtha Cullina’s Labor and Employment Group is available to discuss your specific situation and guide you through OSHA’s latest guidance and managing COVID-19 in the workplace.

Tags: COVID-19, hierarchy of controls, OSHA, OSHA guidance
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Photo of Salvatore G. Gangemi Salvatore G. Gangemi

Salvatore G. Gangemi, a partner at Murtha Cullina, is a veteran labor and employment lawyer with nearly 30 years of litigation and counseling experience.

Employers from across the industry spectrum, including established companies in the senior living and health care fields; manufacturing, construction…

Salvatore G. Gangemi, a partner at Murtha Cullina, is a veteran labor and employment lawyer with nearly 30 years of litigation and counseling experience.

Employers from across the industry spectrum, including established companies in the senior living and health care fields; manufacturing, construction, retail and service firms; and emerging companies, seek Sal’s legal counsel to navigate today’s complex local, state and federal employment laws. His practice includes resolving disputes; advocating in courts and before administrative agencies; counseling on employment-related issues arising from acquisitions; and guiding clients in both long-range strategy and day-to-day administration of their workplaces and employees.

At the federal level, Sal brings extensive experience in OSHA investigations, audits and proceedings; the Fair Labor Standards Act (FLSA); Title VII discrimination matters; the Age Discrimination in Employment Act (ADEA); the Americans with Disabilities Act (ADA); and the Family Medical Leave Act (FMLA). He is also well-versed in state and local employment regulations.

Sal regularly represents clients in matters before the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor and other federal agencies. On the state level, he appears before the New York State Division of Human Rights; the New York City Commission on Human Rights; the Connecticut Commission on Human Rights and Opportunities; the Connecticut Department of Labor; and the New York State Department of Labor. He has litigated cases involving misappropriation of trade secrets, restrictive covenants, breach of employment contract, fiduciary duty and other work-related common law claims.

Clients rely on Sal’s advice on routine human resources matters that arise in their businesses, including requests for reasonable accommodation for those with disabilities, family and medical leave issues, hiring and termination, and wage and hour concerns. Known for his proactive approach to identifying issues before they escalate, he conducts compliance training on sexual harassment prevention and other topics, performs worker classification practice and policy audits, and drafts employment policies and agreements. Sal shares his knowledge of the ever-evolving employment law landscape by speaking at events, conducting continuing legal education seminars and writing articles for a variety of publications.

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