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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.
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