Following President Biden’s executive order on worker health and safety, the Occupational Safety and Health Administration announced a national emphasis program designed to focus enforcement efforts on companies that put the largest number of workers at high risk for contracting COVID-19.
In the news release, OSHA stated that it created the program in order to keep employers from retaliating against workers who voice safety concerns, a right protected by federal law.
“This deadly pandemic has taken a staggering toll on U.S. workers and their families. We have a moral obligation to do what we can to protect workers, especially for the many who have no other protection,” said Principal Deputy Assistant Secretary of Labor for Occupational Safety and Health Jim Frederick.
“This program seeks to substantially reduce or eliminate coronavirus exposure for workers in companies where risks are high, and to protect workers who raise concerns that their employer is failing to protect them from the risks of exposure.”
What to Expect from the National Emphasis Program
The new national emphasis program inspections will double down on OSHA’s previous coronavirus enforcement efforts. Most notably, this will include some follow-up inspections of worksites inspected in 2020.
The program will monitor the effectiveness of the agency’s efforts and will remain in effect for up to one year from the date issued. However, OSHA has the flexibility to amend or cancel the program as it sees fit.
OSHA has also recently updated its Interim Enforcement Response Plan, which prioritizes the use of on-site workplace inspections or a combination of on-site and remote methods. Remote-only methods are reserved for cases where the agency determines that on-site inspections cannot be performed safely.
This new guidance will go into effect on March 18, 2020 — rescinding the memorandum on this topic from May 26, 2020.
What The National Emphasis Program Means for State Plans
OSHA state plans adopted varying degrees of requirements to protect workers.
In the news release, the agency acknowledged that many states already implemented enforcement programs similar to this NEP. States have 60 days to notify federal OSHA of their intention to adopt the NEP from the date of issuance.
The agency stated that it will ensure all of their Compliance Safety and Health Officers will have every necessary protection for onsite inspections. OSHA will evaluate risk while conducting on-site inspections and utilize appropriate protective measures, such as respiratory protection and other personal protective equipment.
“With more people being vaccinated and the number of infections trending down, we know there is light at the end of the tunnel,” Frederick added.
“But until we are past this pandemic workers deserve a Labor Department that is looking out for their health.”
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