Key Takeaways for Employers Under OSHA’s Updated COVID-19 Guidance as Delta Variant Spreads and Positive COVID Cases Increase
On August 13, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) updated its guidance for COVID-19 precautions in the workplace to match the CDC’s new guidance, issued on July 27, 2021. OSHA now recommends that employers consider:
- Providing paid time off to workers for the time it takes to get vaccinated and recover from any side effects
- Encouraging and/or considering mandating vaccination
- Implementing multiple layers of controls in the workplace, such as mask wearing, social distancing, and increased ventilation
- Requiring unvaccinated workers to undergo regular COVID-19 testing in addition to wearing facemasks and physical distancing
- Suggesting or requiring all employees, regardless of vaccination status, to wear a mask in public indoor settings under certain circumstances, such as in areas of substantial or high transmission
- Suggesting or requiring unvaccinated customers, visitors, or guests to wear face coverings in public-facing workplaces, such as retail establishments
- Providing workers with face coverings or surgical masks, as appropriate, unless their work task requires a respirator or other PPE
- Instructing workers who are infected or who have COVID-19 symptoms, regardless of vaccination status, to stay home from work for at least 10 days
- Fully vaccinated workers who have a known exposure should get tested 3-5 days after exposure and should wear a mask in public indoor settings for 14 days or until they receive a negative test result; most fully vaccinated people with no COVID-19 symptoms do not need to quarantine or be restricted from work following an exposure if they follow the testing and masking recommendation above
- Workers who are not fully vaccinated should be tested immediately and, if negative, tested again in 5-7 days after the last exposure or immediately tested again if symptoms develop during the quarantine period
- Reminding workers to practice good personal hygiene (e.g., wash hands often, cover nose and mouth with a tissue or the inside of your elbow when you cough or sneeze, etc.)
- Performing routine cleaning and disinfection of the workplace
- Documenting and reporting COVID-19 infections and deaths
- Implementing protections from retaliation and setting up an anonymous process for workers to voice concerns about COVID-19 hazards
If you have any questions about these recommendations, or how they may impact your workplace, we invite you to contact one of our employment attorneys. Stites & Harbison, PLLC assists clients of all sizes, including publicly traded corporations, privately held companies, small businesses, trade associations, and non-profit organizations alike. It is our business to help your business navigate the ever-changing field of labor and employment law.
Contact
Before sending, please note:
Information on www.stites.com is for general use and is not legal advice. The mailing of this email is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Anything that you send to anyone at our Firm will not be confidential or privileged unless we have agreed to represent you. If you send this email, you confirm that you have read and understand this notice.
Related Capabilities