On January 29, 2021, OSHA updated its Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace. As indicated in its title, it is not mandatory but “guidance” which OSHA encourages employers to follow. It is designed to increase safety for workers as well as to promote transparency. When the guidance was announced, OSHA noted it was recommending workplaces implement prevention programs which incorporate the following elements:

• Conduct a hazard assessment.
• Identify control measures to limit the spread of the virus.
• Adopt policies for employee absences that don’t punish workers as a way to encourage potentially infected workers to remain home.
• Ensure that coronavirus policies and procedures are communicated to both English and non-English speaking workers.
• Implement protections from retaliation for workers who raise coronavirus-related concerns.

With the new Administration, employers should expect increased attention by and resources from OSHA in the coming months.

By Kristen L. Brightmire, kbrightmire@dsda.com