OSHA GUIDANCE ON REOPENING/ RETURNING TO WORK

OSHA has released guidance for safely returning to and re-opening “non-essential businesses” during the current Coronavirus pandemic. Reopening should align requirements for governments across the United States as well as public health recommendations from the CDC. Their guidance supplements previous guidelines on Preparing Workplaces for COVID-19 and the White House’s Guidelines for Opening up America Again.

Planning

Employers are required to monitor SLTT health department communications and how their communities are progressing through the reopening phases. As stated in their original guidelines, basic strategies for basic hygiene, social distancing, identification and isolation of sick employees, workplace controls and flexibilities, and employee training should be continued in the appropriate manner for each stage.

Phase 1.

• Consider telework and accommodations for high-risk workers and workers with household members considered high risk when feasible.
• Consider limiting employees returning to the workplace along with strict social distancing practices.
• Limit non-essential business travel.

Phase 2.

• Continue telework and accommodations from phase 1.
• Limitations on number of people returning to work can be eased but strict social distancing practices must continue (Dependent on type of business).
• Non-essential travel can resume.

Phase 3.

• Resume unrestricted staffing of worksites.

Policies and procedures that address preventing, monitoring, and responding to any resurgence of COVID-19 should be developed for each phase. OSHA also reminds employers that changing outbreak conditions in each community directly affect exposure risks for employees.

According to OSHA the policies and procedures should address:

• Hazard Assessment to determine when, where, how, and to what sources workers are likely to be exposed at work.
• Hygiene practices for hand hygiene, respiratory etiquette, and cleaning and disinfection.
• Social distancing practices to the maximum extent possible and maintain distance between all people with 6’ of distance remaining the general rule of thumb.
• Identification and isolation of sick employees including practices for self-monitoring or screening, isolation and exclusion from the workplace for employees presenting any signs or symptoms of COVID-19.
• Return to work after illness or exposure including self-quarantining after exposure and recovery from COVID-19.
• Controls including engineering and administrative controls, social distancing, and PPE (personal protective equipment practices as a result of employers’ hazard assessment.
• Workplace flexibilities such as remote work and sick leave.
• Training practices preventing the spread of and training on signs, symptoms, and risk factors associated with the Coronavirus as well as where, how, and to what sources employees may be exposed while working.
• Anti-retaliation practices for ensuring no adverse or retaliatory action against employees who adhere to guidelines or raises safety and health concerns.

OSHA gives examples for each principle in their full guidelines. For businesses these examples are not applicable for, OSHA provides additional recommendations on their website.

Applicable OSHA Standards and Required Protections

All of OSHA’s standards that apply to protecting workers from infections remain in place. Employers are given a reminder of their responsibility to comply with all applicable OSHA requirements, PPE (29 CFR 1910.132), and respiratory protection (29 CFR 1910.134) and sanitation (29 CFR 1910.141) and where there is no specific standard, their responsibility to provide safe workplaces free from hazards.

Frequently Asked Questions

OSHA supplies answers to many of the frequently asked questions from employers. Can employers conduct work site testing for COVID-19?
OSHA says yes. However, because of limitations to current testing capabilities, negative results should be cautiously acted on and basic hygiene, social distancing, workplace controls, flexibilities and training should still be implemented.

Can employers conduct work site temperature checks or other health screenings?
OSHA says yes so long as screenings are conducted in a transparent manner applicable to all employees and self-monitoring efforts are continued.

What OSHA requirements must an employer follow when conducting health screening, temperature checking, or COVID-19 testing?
According to OSHA, if an employer implements health screening or temperature checking with records, those records might qualify as medical records if they are made or maintained by a physician, nurse, or other health care professional or technician (29 CFR 1910.1020). This would mean the employer would then be required to retain these records and follow confidentiality requirements. However, records are not required, instead, employers may acknowledge temperature readings in real-time. Personnel administering COVID-19 testing or health screenings must be protected, incorporating standard and appropriate transmission-based precautions and should follow the hierarchy of controls.

Is there guidance on how to address various health screening and medical issues associated with COVID-19 to avoid violating other labor, disability, and employment laws?
OSHA’s guidance references the U.S. EEOC’s guidance, The Rehabilitation Act, and other EEO Laws. OSHA suggests employers review this guidance when developing policies and procedures for reopening.

When can employees who have had COVID-19 or illness consistent with COVID-19, return to work?
OSHA references the CDC’s guidance on discontinuing isolation for workers who are not in a healthcare setting.

How do I know if employees need person protective equipment (PPE)?
To answer this question OSHA refers to their hazard assessment in accordance with OSHA’s PPE standard (29 CFR 1910.132). Employers subject to this standard must determine if PPE is necessary or if engineering and administrative controls can effectively mitigate identified hazards. OSHA gives suggestions such as modifying worker interaction to reduce the need for PPE and delaying or discontinuing work tasks that require PPE if PPE is currently unavailable. OSHA also reminds employers that cloth face coverings are not PPE but can be worn to reduce the spread of infectious respiratory droplets and should consider requiring cloth face coverings as an administrative control.

More frequently asked questions are available on the OSHA website.

For more information.

For more information, visit our website, or contact Steven Grubbs, Amanda Flanagan, Joe Garnett, or Alma Aguirre to discuss your matter.

Below are several recommended websites to access the most current and accurate information on COVID-19:

• OSHA COVID-19 website: www.osha.gov/coronavirus
• U.S. Department of Labor COVID-19 webpage: www.dol.gov/coronavirus
• CDC website: www.cdc.gov/coronavirus
• National Institute for Occupational Safety and Health website: www.cdc.gov/niosh
• The National Governors Association state-by-state summary of public health criteria in reopening plans: www.nga.org/coronavirus-reopening-plans

OSHA has released guidance for safely returning to and re-opening “non-essential businesses” during the current Coronavirus pandemic. Reopening should align requirements for governments across the United States as well as public health recommendations from the CDC. Their guidance supplements previous guidelines on Preparing Workplaces for COVID-19 and the White House’s Guidelines for Opening up America Again.

Planning

Employers are required to monitor SLTT health department communications and how their communities are progressing through the reopening phases. As stated in their original guidelines, basic strategies for basic hygiene, social distancing, identification and isolation of sick employees, workplace controls and flexibilities, and employee training should be continued in the appropriate manner for each stage.

Phase 1.

• Consider telework and accommodations for high-risk workers and workers with household members considered high risk when feasible.
• Consider limiting employees returning to the workplace along with strict social distancing practices.
• Limit non-essential business travel.

Phase 2.

• Continue telework and accommodations from phase 1.
• Limitations on number of people returning to work can be eased but strict social distancing practices must continue (Dependent on type of business).
• Non-essential travel can resume.

Phase 3.

• Resume unrestricted staffing of worksites.

Policies and procedures that address preventing, monitoring, and responding to any resurgence of COVID-19 should be developed for each phase. OSHA also reminds employers that changing outbreak conditions in each community directly affect exposure risks for employees.

According to OSHA the policies and procedures should address:

• Hazard Assessment to determine when, where, how, and to what sources workers are likely to be exposed at work.
• Hygiene practices for hand hygiene, respiratory etiquette, and cleaning and disinfection.
• Social distancing practices to the maximum extent possible and maintain distance between all people with 6’ of distance remaining the general rule of thumb.
• Identification and isolation of sick employees including practices for self-monitoring or screening, isolation and exclusion from the workplace for employees presenting any signs or symptoms of COVID-19.
• Return to work after illness or exposure including self-quarantining after exposure and recovery from COVID-19.
• Controls including engineering and administrative controls, social distancing, and PPE (personal protective equipment practices as a result of employers’ hazard assessment.
• Workplace flexibilities such as remote work and sick leave.
• Training practices preventing the spread of and training on signs, symptoms, and risk factors associated with the Coronavirus as well as where, how, and to what sources employees may be exposed while working.
• Anti-retaliation practices for ensuring no adverse or retaliatory action against employees who adhere to guidelines or raises safety and health concerns.

OSHA gives examples for each principle in their full guidelines. For businesses these examples are not applicable for, OSHA provides additional recommendations on their website.

Applicable OSHA Standards and Required Protections

All of OSHA’s standards that apply to protecting workers from infections remain in place. Employers are given a reminder of their responsibility to comply with all applicable OSHA requirements, PPE (29 CFR 1910.132), and respiratory protection (29 CFR 1910.134) and sanitation (29 CFR 1910.141) and where there is no specific standard, their responsibility to provide safe workplaces free from hazards.

Frequently Asked Questions

OSHA supplies answers to many of the frequently asked questions from employers. Can employers conduct work site testing for COVID-19?
OSHA says yes. However, because of limitations to current testing capabilities, negative results should be cautiously acted on and basic hygiene, social distancing, workplace controls, flexibilities and training should still be implemented.

Can employers conduct work site temperature checks or other health screenings?
OSHA says yes so long as screenings are conducted in a transparent manner applicable to all employees and self-monitoring efforts are continued.

What OSHA requirements must an employer follow when conducting health screening, temperature checking, or COVID-19 testing?
According to OSHA, if an employer implements health screening or temperature checking with records, those records might qualify as medical records if they are made or maintained by a physician, nurse, or other health care professional or technician (29 CFR 1910.1020). This would mean the employer would then be required to retain these records and follow confidentiality requirements. However, records are not required, instead, employers may acknowledge temperature readings in real-time. Personnel administering COVID-19 testing or health screenings must be protected, incorporating standard and appropriate transmission-based precautions and should follow the hierarchy of controls.

Is there guidance on how to address various health screening and medical issues associated with COVID-19 to avoid violating other labor, disability, and employment laws?
OSHA’s guidance references the U.S. EEOC’s guidance, The Rehabilitation Act, and other EEO Laws. OSHA suggests employers review this guidance when developing policies and procedures for reopening.

When can employees who have had COVID-19 or illness consistent with COVID-19, return to work?
OSHA references the CDC’s guidance on discontinuing isolation for workers who are not in a healthcare setting.

How do I know if employees need person protective equipment (PPE)?
To answer this question OSHA refers to their hazard assessment in accordance with OSHA’s PPE standard (29 CFR 1910.132). Employers subject to this standard must determine if PPE is necessary or if engineering and administrative controls can effectively mitigate identified hazards. OSHA gives suggestions such as modifying worker interaction to reduce the need for PPE and delaying or discontinuing work tasks that require PPE if PPE is currently unavailable. OSHA also reminds employers that cloth face coverings are not PPE but can be worn to reduce the spread of infectious respiratory droplets and should consider requiring cloth face coverings as an administrative control.

More frequently asked questions are available on the OSHA website.

For more information.

For more information, visit our website, or contact Steven Grubbs, Amanda Flanagan, Joe Garnett, or Alma Aguirre to discuss your matter.

Below are several recommended websites to access the most current and accurate information on COVID-19:

• OSHA COVID-19 website: www.osha.gov/coronavirus
• U.S. Department of Labor COVID-19 webpage: www.dol.gov/coronavirus
• CDC website: www.cdc.gov/coronavirus
• National Institute for Occupational Safety and Health website: www.cdc.gov/niosh
• The National Governors Association state-by-state summary of public health criteria in reopening plans: www.nga.org/coronavirus-reopening-plans