5 OSHA RECOMMENATIONS TO CONSIDER WHEN DOING BUSINESS DURING THE COVID-19 PANDEMIC
Employers are required to maintain a safe workplace for their employees. Federal Occupational Safety and Health Act (OSHA) and its related regulations comprise a body of law that impacts workplace safety. Below are 5 requirements and recommendations from federal OSHA and its related regulations that employers should consider during the COVID-19 pandemic.
1. Employers Are Obligated to Keep Employees Informed About Information Concerning the Employees’ Health.
Pursuant to 29 CFR 1010.151(a), employers of states covered by federal OSHA shall ensure the ready availability of medical personnel for advice and consultation on matters of plant health. The “medical personnel” can be a third-party service, such as medical personnel provide through a group health plan, EAP or similar service. To have someone available for “advice and consultation” means that someone is available to provide information regarding the overall safety and health condition of the employees. Finally, the interpretation of “plant” includes individual offices regardless of size.
2. Employers Should Distinguish Between Paper/Cloth Surgical Masks vs. Respirators Such as N95 Masks.
It is important to first understand the difference between paper/cloth surgical masks and respirators. Respirators, such as N95 masks, cover at least the nose and mouth and filters at least 95% of airborne particles. Surgical masks are not respirators. The distinction is important because OSHA only governs respirators. Employers may inadvertently purchase N95 masks without realizing that they have to follow OSHA regulations in dispensing them at the workplace.
Even when an employee voluntarily wears or requests to wear the N95 or other respirator to work, federal and state OSHA expect employers to meet certain requirements. When the masks are used voluntarily at the workplace, the employer must provide the employee with a copy of the mandatory Appendix D of OSHA’s Respiratory Protection Standard or equivalent state OSHA agency document.
If an employee mandates use of respirators at the workplace, employer must follow all the OSHA guidelines, such as for fitting, using, dispensing, and storing the masks.
3. Employers Must Record COVID-19 Infections in the OSHA 300 Log.
Under OSHA regulations, all covered employers must record certain work-related injuries and illnesses on their OSHA 300 log. Department of Labor has taken the position that COVID-19 could be a recordable illness if an employee is infected as a result of performing work duties. Employers must record work-related COVID-19 cases only if all of the following conditions are met:
i. The case is a confirmed case of COVID-19
ii. The case is work-related, as defined under 29 CFR 1904, and
iii. The case involves one or more of the general recording criteria, as follows:
Death;
Days away from work;
Restricted work or transfer to another job;
Medical treatment beyond first aid;
Loss of consciousness; or
A significant injury or illness diagnosed by a physician or other licensed health care professional.
As COVID-19 community infections become more prevalent, it will be more challenging for employers to determine whether the infections are work-related.
4. Employers Should Consider Hazard Assessments for At-Risk Workers.
OSHA requires employers to provide a workplace free from recognized hazards that could cause serious injury or death. Accordingly, business owners should consider OSHA guidance indicating employers should assess whether they have at risk workers based on their job duties, and assess what controls are necessary for those workers to safely perform their jobs. OSHA provides guidance on different controls, such as engineering, administrative, or personal protective equipment controls in their Guidance for Preparing Workplace for COVID-19.
5. Employers Should Review OSHA Standard When Providing Personal Protective Equipment (PPE).
PPE standard addresses hand (gloves), eye and face, head and respiratory protection. OSHA recommends that all employers stay abreast of federal, state and local COVID-19 recommendations and consider how to implement those recommendations. OSHA further recommends employers to develop an infectious disease preparedness and response plan to become proactive against COVID-19 infection. Finally, OSHA recommends employers to implement basic infection prevention measures, such as following good hygiene practice, using flexible work schedules, providing tissues and trash receptacles to customers, discouraging sharing of phones, desks, offices, or other work tools, and maintaining regular housekeeping practices.
