DEALING WITH
OSHA More Inspections, Greater Citations Ahead
By Phillip M. Perry
The Biden administration is issuing new OSHA guidelines and stepping up enforcement in a move to ensure workplace safety. Businesses are retooling operations and sanitation procedures to protect personnel from accidents and COVID-19 infections. OSHA has recently updated its recommendations for the mitigation of such infections in the workplace among unvaccinated or at-risk workers.
mployers trying to avoid costly OSHA citations are facing new challenges in the form of heightened enforcement activity and greater liability for workplace COVID-19 infections. To lessen their exposure, businesses are retooling their operating environments to ensure compliance with state and federal standards. In September, the Biden administration asked OSHA to issue vaccine mandates at employers with more than 100 workers. The proposal is likely to spark some litigation at the state level. Earlier this year OSHA updated its guidance for the mitigation of the spread of COVID-19 in all workplaces. The new guidelines are intended to reduce the chances of contracting COVID-19 by employees who are unvaccinated or otherwise at-risk of infection because of conditions such as a prior transplant, or prolonged use of corticosteroids or other immune-weakening medications.
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As a general rule, OSHA no longer suggests employers take steps to protect fully vaccinated people unless other Federal or local laws apply. For unvaccinated or at-risk workers, OSHA recommendations released June 10 include the following: • Separating from the workplace all infected people, all people experiencing COVID symptoms, and any unvaccinated people who have had close contact with someone with COVID-19 • Implementing physical distancing • Maintaining ventilation systems • Properly using face coverings or personal protective equipment (PPE) On August 13, OSHA added the following two recommendations: • Fully vaccinated people should wear masks to protect the unvaccinated in areas of high community transmission
