As noted in part one of this Encompass update series, OHSA’s recent guidance also included recommendations for employers whose workers are at increased risk of occupational exposure to COVID-19. OSHA’s categorization of various industries’ risk levels can be found at Safety and Health Topics | COVID-19 – Hazard Recognition | Occupational Safety and Health Administration (osha.gov). Industries involving increased risk of COVID-19 exposure include healthcare, emergency response, meat processing, infrastructure, and interestingly, retail. Employers can find OSHA’s guidance specific to a number of these industries at Safety and Health Topics | COVID-19 – Control and Prevention | Occupational Safety and Health Administration (osha.gov).
Employers in higher risk industries should carefully review OHSA’s guidance, which can be found at Guidance on Preparing Workplaces for COVID-19 (osha.gov), to evaluate their employees’ exposure risk and to guide them in implementing OHSA’s recommendations to decrease this exposure risk and control the spread of COVID-19.
The recommended steps for prevention vary. They include a combination of engineering controls (like physical barriers), administrative controls (minimizing customer contact), safe work practices (hand sanitizing), and personal protective equipment (face masks, shields). While following the guidance will be helpful in terms of decreasing exposures and legal risks, the better practice will be for employers to carefully evaluate their workplace in light of these recommendations and implement policies and procedures specific to their own workplace’s risks and practicalities. In other words, a grocery store would be well served to ask questions like “Is it realistic to believe grocery store employees will frequently wash their hands?” and instead think along the lines of “Maybe providing hand sanitizer at each checkout stand is a better solution.” This sort of employer specific analysis will better protect employees and customers generally and will better protect the employer from legal liability.
Not surprisingly, OSHA recommends prompt identification, isolation, and removal of potentially infectious individuals from the work site as a critical first step to protecting workers and customers from the spread of COVID-19. Employers with an employee who tests positive will also need to deep clean potentially contaminated environments using EPA-registered disinfectants labelled as effective against COVID-19; the CDC’s standards for this sort of cleaning can be found at Interim Recommendations for US Community Facilities with Suspected/Confirmed Coronavirus Disease 2019 (cdc.gov).
As the pandemic continues, it is important for employers to remember that they should periodically train employees on potential sources of exposure and required workplace protocols. This training should include a discussion of what personal protective equipment the employees should be using in their particular job, how to use it, how to maintain it and, importantly, the limitations of the equipment. The training should also discuss (and emphasize) the need to immediately isolate if an employee experiences any symptoms of COVID-19. OSHA (as well as the CDC) have a number of training manuals and videos to assist employers with preparing their workplaces for COVID-19 exposure and keeping their employees and customers safe.
As always, please reach out to your Client Experience Manager with questions, and be sure to consult the most recent CDC, OSHA and state health guidelines when preparing policies, protocols, and training regarding COVID-19. All of these agencies have a wealth of good resources to help employers navigate these challenging times.
This article is for informational purposes only and should not be considered legal advice. Please consult with your legal counsel regarding any specific situation, particularly given that this is a new statute without implementing regulations at this time.
Written by Christie Newkirk and Chelsea Glover from Carrington, Coleman, Sloman & Blumenthal, LLP