As employers are revising their return to work protocols in light of increased vaccination efforts and the prospect of increased on-site work, the federal government has been busy implementing additional COVID-19 safety measures for the workplace, including targeted on-site inspections of workplaces where workers may have been or are likely to be exposed to SARS-CoV-2 (COVID-19).

Among other actions, on March 12, 2021, the U.S. Occupational Safety and Health Administration (OSHA) issued a new National Emphasis Program (NEP), effective immediately, prioritizing inspections for “high-hazard industries or activities” where there is a hazard for contracting COVID-19 at the workplace. The NEP, published alongside an Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19) (ERP) is a result of President Biden’s inauguration day Executive Order in which he directed OSHA to focus its enforcement on COVID-19 efforts. President Biden’s executive order called for OSHA to consider implementing a potential nationwide Emergency Temporary Standard (ETS). The NEP and ERP suggest that an ETS may be issued in the future by stating that if an ETS is issued, its requirements will take precedence over OSHA’s currently-available standards.

The stated goal of the NEP is to “significantly reduce or eliminate worker exposures to SARS-CoV-2 by targeting industries and worksites where employees may have a high frequency of close contact exposures and therefore, controlling the health hazards associated with such exposures. This goal will be accomplished by a combination of inspection targeting, outreach to employers, and compliance assistance…”
Continue Reading OSHA issues National Emphasis Program and Enforcement Response Plan, targeting certain industries for inspections