The US Department of Labor’s Occupational Safety and Health Administration (OSHA) has launched a National Emphasis Program (NEP) focusing enforcement efforts on companies that put the largest number of workers at serious risk of contacting COVID-19. The program also prioritizes addressing employers that retaliate against workers for complaints about unsafe or unhealthy conditions, or for violating other rights protected by federal law.
The newly created program is in response to President Biden’s executive order on protecting worker health and safety. The NEP inspections will enhance OSHA’s previous COVID-19 enforcement efforts and will follow-up on worksites inspected in 2020. The NEP focused strategy will ensure abatement and includes monitoring the effectiveness of OSHA’s enforcement and guidance efforts. The program will remain in effect for up to one year from its issuance date, although OSHA does have the flexibility to amend or cancel the program as the pandemic subsides.
Individual state OSHA plans have adopted varying requirements to protect employees from COVID-19. OSHA is aware that many states have implemented enforcement programs similar to the NEP, and although it is not required, OSHA is strongly recommending that the rest of the state programs adopt NEP. If a state plan decides to adopt the NEP, they must notify the federal OSHA within 60 days after its issuance.
Also, on March 21, 2021, OSHA will begin to enforce their updated Interim Enforcement Response Plan to prioritize the use of on-site workplace inspections where practical, or a combination of on-site and remote methods. OSHA will only use fully remote inspections if they decide that on-site inspections cannot be performed safely. The updated Interim Enforcement Plan will remain in effect until further notice.
OSHA will ensure that its Compliance Safety and Health Officers have every protection necessary for onsite inspections. When conducting on-site inspections, OSHA will evaluate all risks and utilize appropriate protective measures, including respiratory protection and other necessary personal protective equipment.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education, and assistance under the Occupational Safety and Health Act.
The National Emphasis Program (NEP) directive can be accessed here.
OSHA’s updated Interim Enforcement Response Plan can be accessed here.
Compliance Perspective
Issue
Safety should always be a top priority. During the ongoing pandemic it remains critical that all employees are protected, as much as possible, from contracting COVID-19. Your Infection Control and Prevention Plan must always have the most up-to-date information available from credible sources to help protect employees from contracting COVID-19. Retaliation is always against the law, and employees must feel free to report any safety issues that may make them vulnerable for contracting COVID-19.
Discussion Points
- Review your Infection Control and Prevention Plan and ensure that the most up-to-date guidance currently available is included with regard to COVID-19. In addition, review your policy and procedure on prevention of retaliation in the workplace. Update your policies as needed.
- Train all staff on your Infection Control and Prevention Plan and your policy on workplace retaliation. Document that these trainings occurred and file in each employee’s education file. Provide additional training at least annually, as changes in guidance are released by oversight agencies, and when issues arise in your setting.
- Periodically audit to ensure that your infection control plan is being implemented correctly. Periodically audit to ensure that employees are aware of who they can contact if they feel that they have been retaliated against in the workplace.
