The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) today announced an interim enforcement response plan for the coronavirus pandemic, effective immediately. The response plan provides instructions and guidance to OSHA Area Offices and compliance safety and health officers (CSHOs) for handling coronavirus-related complaints, referrals, and severe illness reports. This follows OSHA's recent announcement recognizing COVID-19 as a "recordable illness" after receiving more than 2,000 complaints related to the coronavirus by early April. In fact, OSHA received so many complaints that it stopped sending letters requiring a response from employers, instead opting to send notification letters to the employers addressing COVID-19 workplace safety. 

During the coronavirus outbreak, OSHA Area Offices will utilize their inspection resources to fulfill mission essential functions and protect workers exposed to the disease. The response plan contains interim procedures that allow flexibility and discretion for field offices to maximize OSHA's impact in securing safe workplaces in this evolving environment. The term interim is used, as this is anticipated to be time-limited to the current health crisis.

The response plan outlines procedures for addressing reports of workplace hazards related to the coronavirus. Fatalities and imminent danger exposures related to the coronavirus will be prioritized for on-site inspections. The response plan contains procedures and sample documentation for CSHOs to use during coronavirus-related inspections. Workers requesting inspections, complaining of coronavirus exposure, or reporting illnesses may be protected under one or more whistleblower statutes and will be informed of their protections from retaliation.

Since March 1, 2020, OSHA has received 386 COVID-related whistleblower complaints, the vast majority citing violations of Section 11(c) of the Occupational Safety and Health Act, which prohibits employers from retaliating against workers who raise safety and health concerns with supervisors or file a safety and health complaint with OSHA.

"Employees have the right to safe and healthy workplaces," Principal Deputy Assistant Secretary Loren Sweatt has stated. "Any worker who believes that their employer is retaliating against them for reporting unsafe working conditions should contact OSHA immediately."

Illegal acts of retaliation can include terminations, demotions, denials of overtime or promotion, or reductions in pay or hours, according to the agency.

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.

The mission of the Department of Labor (DOL) is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

To that end, OSHA recently issued a new poster listing steps all workplaces can take to reduce the risk of exposure to the coronavirus. The poster highlights ten infection prevention measures every employer can implement to protect workers' safety and health during the coronavirus pandemic.

The safety measures listed on the poster include:

  • routinely cleaning and disinfecting surfaces and equipment with Environmental Protection Agency-approved cleaning chemicals from List N or that have label claims against the coronavirus;
  • using a drive-through window or offering curbside pick-up;
  • recommending that workers wear masks over their nose and mouth to prevent them from spreading the virus; and
  • practicing sensible social distancing, which could include opening only every other cash register, temporarily moving workstations to create more distance and installing plexiglass partitions between workstations.

The new poster is available on the website for download in English, or Spanish.

OSHA has also published Guidance on Preparing Workplaces for COVID-19, a document aimed at helping workers and employers learn about ways to protect themselves and their workplaces during the ongoing pandemic.

OSHA is frequently posting updates in regards to the coronavirus, so visit their website  www.osha.gov for other useful workplace safety information and Disease Control and Prevention.

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