2021 OSHA Rule Changes and COVID-19

OSHA has explained that it had prioritized conducting on-site workplace inspections to healthcare facilities and to COVID-19-related fatalities and imminent danger exposure cases in these settings.  OSHA’s enforcement of COVID-19 compliance to date has been heavily focused in various health care settings.  With the new administration, we know there will be even more enforcement.  This will be through new COVID-19 guidance that was recently issued and likely through a new regulation, an emergency standard on COVID-19 compliance.

On March 12, 2021, OSHA launched a new national emphasis program that heavily targets healthcare and requires OSHA area offices to create targeted inspections lists, meaning that there should be even more COVID-19 enforcement throughout 2021 (as the program is set to run for a year).

Under the new guidance, employers are having to be formal in how they approach COVID-19, including through having a designated workplace coordinator who is responsible for COVID-19 issues on the employer’s behalf.  New compliance hurdles include how employees are to be involved, the communication of COVID issues, and new workplace safety controls.  We believe a regulation will also add challenges regarding employer’s obligations with testing, handling exposure cases, and with reporting obligations.

Areas Covered in the Session:

1. New OSHA guidance and a new regulation
2. New OSHA Requirements
3. Parameters of the new National Emphasis Program
4. OSHA’s general duty standard for safe workplaces
5. OSHA’s recommended risk assessment for workplaces
6. EEOC’s position on return to work health testing
7. Latest updates on FFCRA Paid leave requirements
8. Updated Family and Medical Leave rules
9. Latest USDOL rule on independent contractors
10. Employee exemptions for overtime pay
11. New mileage reimbursement guidance