OSHA Releases Most Frequently Cited Standards Related to COVID-19

On November 7^th, 2020, the U.S. Department of Labor’s (DOL’s) Occupational Safety and Health Administration (OSHA) issued guidance for employers. The guidance included a one-pager created to help employers understand what standards are most frequently cited during coronavirus-related inspections. OSHA based these documents on data from citations recently issued. Many of the findings were the result of complaints, referrals, and fatalities reported to OSHA. Covered industries include hospitals and healthcare, nursing homes and long-term care facilities, and meat/poultry processing plants.  This comes a day after OSHA announced levying nearly $2.5 million in COVID-19 violations. 

Overview of the Guidance

The one-pager and guidance document provide available resources that address the most frequently cited standards. Standards addressed include Respiratory Protection, Recording and Reporting Occupational Injuries and Illnesses, Personal Protective Equipment, and the General Duty Clause. The one-pager also provides examples of requirements employers must follow, such as:

• Provide a medical evaluation before a worker completes fit-testing or uses a respirator.
• Establish, implement, and update a written respiratory protection program with required worksite-specific procedures.
• Train workers to safely use respirators and/or other PPE in the workplace. Retraining should occur when there are changes in the workplace that might make previous training obsolete.
• Store respirators and other PPE properly in a way to protect them from damage and contamination, and deformation.
• Keep required records of work-related fatalities, injuries, and illness.

OSHA is providing the guidance to help employers protect workers and increase compliance with OSHA requirements.

Available OSHA Resources

OSHA’s On-Site Consultation Program offers no-cost and confidential occupational safety and health services to small- and medium-sized businesses. It helps identify workplace hazards, provides advice for OSHA standards compliance, and helps establish and improve safety and health programs. On-Site Consultation services are separate from enforcement and do not result in penalties or citations.

Employer Takeaways

Under the Occupational Safety and Health Act of 1970 (OSH Act), employers are responsible for providing safe workplaces for employees. Since the beginning of the pandemic, OSHA has stated that employers have a responsibility to handle workplace COVID-19-related issues.  Specifically, this responsibility could include creating new policies, reporting and recording cases of COVID-19-related injuries or illness, and implementing proper training. By complying with the OSH Act, employers can keep employees safe and healthy and avoid possible fines and penalties.