Category: Coronavirus

OSHA Releases COVID-19 ETS Inspection Procedures & Enforcement Policies

OSHA recently released a compliance directive titled Inspection Procedures for the COVID-19 Emergency Temporary Standard. The directive is a guide for compliance officers implementing inspections and issuing citations involving:

  • Employer COVID-19 Plans;
  • Screening and Management;
  • Standard and Transmission Based Precautions;
  • Personal Protective Equipment;
  • Aerosol-Generating Procedures;
  • Physical Distancing;
  • Cleaning and Disinfecting;
  • Ventilation;
  • Employee Health Screening and Medical Management;
  • Vaccinations;
  • Training;
  • Anti-Retaliation;
  • Requirements at No Cost;
  • Recordkeeping; and
  • Reporting to OSHA.

If OSHA’s new Emergency Temporary Standard (ETS) on COVID-19 applies to your company, it may be helpful to understand what the agency’s compliance officers are looking for when they are inspecting affected workplaces, and how they are directed to issue citations for violations of the standard.

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Withum Webinar Will Share What All Businesses Need to Know About ERC and PPP

Pandemic legislation has created significant opportunities for small and medium sized businesses. Rules ever changing, the programs have been shaped time and time again. Spend one hour with Withum experts as they detail some of the programs which have been most beneficial to businesses. The free webinar takes place June 28, 2021 from 2:00 pm – 3:00 pm EDT.

Learning Objectives

During this session, we will cover the most up-to-date details on the following:

  • Paycheck Protection Program – Analyze lessons learned and understand best practices and pitfalls to avoid. We will also discuss the current status of loans in review with the SBA.
  • FFCRA Credits – Identify the payroll tax credits available to employers compensating employees for sick and family leave time, as well as updates to the program regarding absences related to employees receiving the vaccine.
  • Employee Retention Credit – Clarify changes in the program rules and regulation, and review of your businesses’ eligibility is a must. Our team will have a detailed discussion on eligibility and the opportunity available. We will also discuss the important consideration of the interplay between the ERC and the PPP Loan Forgiveness Calculation.

We want to ensure that any questions around either of these relief efforts are clarified. Our experts can assist with further calculations and opportunities following the webinar.

Presenters 

  • Frank Boutillette, CPA, CGMA, Partner, Market Leader, SBA Financial Assistance Services
  • Daniel Mayo, JD, LLM, Principal, National Lead, Federal Tax Policy
  • Matthew Walsh, CPA, MS, Lead, SBA Financial Assistance Services
  • Louis Young, CVA, Dealership Services, SBA Financial Assistance Services

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OSHA COVID-19 ETS & New Guidance for Employers Not Covered by the Standard

OSHA recently released an Emergency Temporary Standard (ETS) on COVID-19 covering settings where employees provide healthcare services or healthcare support services. Contractors providing healthcare support services, such as equipment and facility maintenance, may have to comply with several provisions in the ETS, such as establishing a COVID-19 plan, implementing precautions, requiring use of personal protective equipment, practicing physical distancing, using physical barriers, cleaning and disinfecting surfaces, implementing health screening and medical management, supporting COVID-19 vaccinations, and providing appropriate training.

However, the standard does not apply to “well-defined hospital ambulatory care settings” where all employees are fully vaccinated, all non-employees are screened prior to entry, and people with suspected or confirmed COVID-19 are not permitted to enter those settings. Ambulatory care means healthcare services performed on an outpatient basis, such as physician’s offices, hospital outpatient departments, ambulatory surgical centers, and specialty clinics. Affected employers must comply with most provisions of the standard within 14 days, and with the remaining provisions within 30 days. OSHA will use enforcement discretion to avoid citing employers who are making a good faith effort to comply with the ETS.

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Contractors whose employees are not providing healthcare support services are exempt from the ETS. However, OSHA has updated their guidelines for employers based on the most current guidance from the CDC. Employers are urged to comply with the updated guidelines, which direct employers to:

  • Grant paid time off for employees to get vaccinated;
  • Instruct workers who are infected, unvaccinated workers who have had close contact with someone who tested positive, and all workers with COVID-19 symptoms to stay home from work;
  • Implement physical distancing for unvaccinated and otherwise at-risk workers in all communal work areas;
  • Provide unvaccinated and otherwise at-risk workers with face coverings or surgical masks;
  • Educate and train workers on your company’s COVID-19 policies and procedures;
  • Suggest that unvaccinated customers, visitors, or guests wear face coverings;
  • Maintain ventilation systems;
  • Perform routine cleaning and disinfection;
  • Record and report COVID-19 infections and deaths;
  • Implement protections from retaliation;
  • Set up an anonymous process for workers to voice concerns about COVID-19-related hazards; and
  • Follow other applicable mandatory OSHA standards.

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OSHA Releases ETS on COVID-19 and Healthcare Facility Ventilation Requirements

OSHA’s recently presented Emergency Temporary Standard on COVID-19 (ETS) describes specific requirements for healthcare facility ventilation systems. The requirements apply to employers who own or control buildings or structures with an existing heating, ventilation, and air conditioning system(s) where employees provide healthcare services or healthcare support services. If your company provides HVAC services for an affected employer, the ventilation provision in the ETS may be helpful. LEARN MORE

Stay Prepared with Cohen Seglias’ Material Cost Escalation Package

Every day, the construction attorneys at Cohen Seglias are approached by clients as to how to address the current crisis due to the significant fluctuation in pricing in construction materials, equipment, and energy. Whether the product in question is steel, copper, glass or lumber, we have seen prices rise since the re-opening of the economy with some commodities hitting a 100% price increase according to some indices. Who is responsible for the burden of the price increases? Unfortunately, like with COVID-19, owners, construction managers, contractors, and subcontractors are all arriving at different answers. 

The Construction Contracts & Risk Management Group at Cohen Seglias has prepared sample notice letters for use on jobs where construction has or is about to resume under pre-existing contracts. We are also providing you with language to add to your change orders and monthly releases. Also, we have included sample language to place in your contracts and proposals to help protect you in the event of a future price escalation. These are extremely difficult clauses to negotiate. 

Understand that these forms may need to be revised to fit your particular circumstances. The attorneys of Cohen Seglias stand ready to provide you with assistance, when needed.

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OSHA Suspends Recordkeeping Enforcement of Adverse Reactions to Employer Mandated COVID-19 Vaccinations

MCAA reported previously that if your company requires a worker to get vaccinated and that worker has an adverse reaction to the vaccine, and the results of the adverse reaction meet the criteria for an OSHA recordable injury (medical treatment beyond first aid, days away from work, etc.), OSHA considers the case to be “work-related,” and employers are required to treat the case as a “recordable illness.”

The DOL, OSHA, and other federal agencies, are working diligently to encourage COVID-19 vaccinations. OSHA does not wish to discourage workers from receiving the COVID-19 vaccination, or disincentivize employers’ vaccination efforts. As a result, OSHA will not enforce 29 CFR 1904’s recording requirements to require any employers to record worker side effects from COVID-19 vaccination through May 2022. The agency will reevaluate the agency’s position at that time to determine the best course of action moving forward.

Are Vaccinated Workers Exempt From COVID-19 Infection Control Measures?

OSHA is reviewing recent CDC guidance and will update their website accordingly. However, until those updates are completed, the agency is referring affected employers to the “CDC guidance for information on measures appropriate to protect fully vaccinated workers.” The highlights of the guidance published by the CDC follow.

If you’ve been fully vaccinated:

  • You can resume activities that you did prior to the pandemic.
  • You can resume activities without wearing a mask or staying 6 feet apart, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance.
  • If you travel in the United States, you do not need to get tested before or after travel, or self-quarantine after travel.
  • If you’ve been around someone who has COVID-19, you do not need to stay away from others or get tested unless you have symptoms.
  • You should still watch out for symptoms of COVID-19, especially if you’ve been around someone who is sick. If you have symptoms of COVID-19, you should get tested and stay home and away from others.
  • People who have a condition or are taking medications that weaken the immune system, should talk to their healthcare provider to discuss their activities. They may need to keep taking all precautions to prevent COVID-19.

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Mask Mandates Are Falling – What Are Employers To Do?

On May 13, 2021 the CDC unexpectedly recommended that, with limited exceptions, fully vaccinated individuals can resume all indoor and outdoor activities without wearing masks or social distancing, except where required by law or workplace guidance. In response to the confusion created by differing State and Federal guidelines, Lindabury, McCormick, Estabrook & Cooper, P.C. has prepared an overview for employers so they can create policies for addressing the vaccination status of their employees.

Loosening of CDC’s Face Covering Recommendations Do Not Alter Employer Compliance Obligations

The CDC recently changed its COVID-19 recommendations regarding the use of face coverings for fully vaccinated individuals. Under the new guidance, fully vaccinated individuals, in most cases, no longer need to wear face coverings indoors or out, or practice social distancing. However, the loosening of the recommendations does not change affected employers’ compliance obligations. Masks and distancing are still mandatory “where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance.” Employers should be aware that OSHA recently implemented a special emphasis program to enforce worker COVID-19 protections.

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What to Consider Before Requiring Workers to Get COVID-19 Vaccinations

In most states employers may legally require their workers to get COVID-19 vaccinations, provided that they make reasonable accommodations for medical or religious objections. However, doing so could result in negative consequences, so there are several items your company should consider before deciding whether to require their workers to get vaccinated.

  • If your company requires a worker to get vaccinated and that worker has an adverse reaction to the vaccine, and the results of the adverse reaction meet the criteria for an OSHA recordable injury (medical treatment beyond first aid, days away from work, etc.), OSHA considers the case to be “work-related.” Employers are required to treat the case as a “recordable illness;”
  • If your company requires a worker to get vaccinated and that worker has an adverse reaction to the vaccine, in some states the case could result in a worker’s compensation claim. Be sure to check with your worker’s compensation carrier before you proceed;
  • If your company requires a worker to get vaccinated and that worker has an adverse reaction to the vaccine, and the case is not covered by worker’s compensation the employer may be subject to a lawsuit;
  • Some states may prohibit employers from mandating the vaccines; and
  • Mandating vaccines may violate local collective bargaining agreements.

Adverse Reactions to Employer Mandated COVID-19 Vaccines Are OSHA Recordable Cases

If your company is requiring its employees to get vaccinated against COVID-19 it runs the risk of acquiring recordable illness cases. Recent revisions to OSHA’s frequently asked questions (FAQs) and answers related to the coronavirus disease 2019 (COVID-19) pandemic indicates that OSHA considers employees’ negative reactions to the COVID-19 vaccines to be “work-related” and therefore, subject to recordkeeping and reporting mandates when an employer “requires” the vaccination. The question and answer from the updated FAQs follows.

If I require my employees to take the COVID-19 vaccine as a condition of their employment, are adverse reactions to the vaccine recordable? If you require your employees to be vaccinated as a condition of employment (i.e., for work-related reasons), then any adverse reaction to the COVID-19 vaccine is work-related. The adverse reaction is recordable if it is a new case under 29 CFR 1904.6 and meets one or more of the general recording criteria in 29 CFR 1904.7.

Updated FAQs

Post COVID-19 Vaccine Jobsite Safety Guidelines

According to the CDC, COVID-19 vaccines are safe and effective. Some individuals may experience side effects, but they are typically short lived. For the most part, the benefits of the vaccine far outweigh the short lived side effects. With more Americans receiving the vaccines every day it is important to start planning for the post vaccine era. These guidelines are intended to help you do just that, but it is likely that they will change several times over the coming months, so please continuously watch for updates from MCAA.   

What We Do NOT Know About the Vaccines

There is still much that we do not know about the vaccines, so even fully vaccinated individuals need to follow COVID-19 safety protocol while working just about anywhere. Here is why:

  • We do not know whether the vaccines keep vaccinated individuals from spreading the virus;
  • We do not know how long the vaccine protects vaccinated individuals against the virus; and
  • We do not know how effective the vaccines are against variants of the virus.

Fully Vaccinated Individuals

An individual is “fully vaccinated” when he or she has had both doses of the Pfizer or Moderna vaccines, or a single dose of the Johnson & Johnson vaccine, AND two full weeks have passed since the last injection.

Fully Vaccinated Individuals at Work

Fully vaccinated employees on jobsites, in fabrication shops, in office buildings and in other public areas performing regular duties that do not require specialized or additional personal protective equipment should:

  • Wear a two-ply face covering that completely covers the nose and mouth;
  • Practice proper hand hygiene by frequently washing hands and/or using hand sanitizers; and
  • Maintain a social distance of at least 6 feet from all other individuals.

When social distancing requirements must be suspended, such as when two workers are needed for the safe manual handling of materials, the affected workers should continue to wear their face coverings, don face shields, wear work gloves, and limit the amount of time they will be working together closer than 6 feet to less than 15 minutes.

Employers

Affected employers should:

  • Require all employees to comply with the protocol;
  • Enforce employee compliance with the protocol; and
  • Ensure that routine environmental cleaning is performed on affected surfaces at least once daily and more frequently when needed.

More frequent cleaning or disinfection should be performed if/when:

  • There is a high transmission of COVID-19 in or around a workplace;
  • The workplace is in an area where people are not wearing masks;
  • The frequency and/or quality of hand hygiene is inadequate for any reason; and/or
  • Individuals with increased risk of severe illness from COVID-19 are working in the area.

Fully Vaccinated Individuals Not Working

Once fully vaccinated, individuals outside the workplace can start to do some of the things that have not been acceptable since the pandemic began, such as:

  • Visit inside a home or private setting without a mask with fully vaccinated people of any age;  
  • Visit inside a home or private setting without a mask with one household of unvaccinated people who are not at risk for severe illness;
  • Travel domestically without a pre-or post-travel test;
  • Travel domestically without quarantining after travel;
  • Travel internationally without a pre-travel test depending on the destination; and
  • Travel internationally without quarantining after travel.

GUIDELINES PDF

CDC Alters Guidelines on Facility Cleaning & Disinfection for COVID-19

The CDC has revised its guidelines regarding cleaning and disinfecting surfaces to prevent the spread of COVID-19. The virus that causes COVID-19 can land on surfaces, and it’s possible for people to become infected if they touch those surfaces and then touch their nose, mouth, or eyes. However, it has been determined that the risk of infection from touching a surface is low. The CDC now believes that the most reliable way to prevent infection is to regularly wash hands and use hand sanitizers. When there have been no confirmed or suspected cases of COVID-19 in a given space, cleaning only once a day is usually enough to sufficiently remove the virus from surfaces in the space.

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Join MCAA and Participate in COVID-19 Vaccine Awareness Week in Construction, April 19-23, 2021

MCAA and much of the construction industry will be participating in COVID-19 Vaccine Awareness Week in Construction during the week of April 19-23, 2021. MCAA encourages you to join us and participate! The purpose of the safety week is to support the CDC’s campaign to raise awareness about the safety, effectiveness, and benefits of receiving a COVID-19 vaccine. The CDC is providing an Essential Workers COVID-19 Vaccine Toolkit to help affected employers educate their workers about COVID-19 vaccines. The toolkit includes:

  • A customizable letter you can send to your employees with information about vaccine awareness educational offerings;
  • Content for company newsletters and social media sources;
  • A PowerPoint presentation on COVID-19 vaccines; and
  • Key messages for all affected workers.

MCAA encourages you take advantage of these materials. Setting aside a few minutes during the safety week to bring your workers up to speed on the vaccines could be very beneficial to your company. A few options to consider for delivering the information to your workers include:

  • A COVID-19 vaccine awareness safety meeting;
  • A short duration vaccine awareness safety talk each day throughout the week;
  • A COVID-19 vaccine awareness safety Lunch & Learn; and/or
  • Worker access to the Wednesday, April 21, 2021 vaccine awareness webinar, which will be presented by the CDC and NIOSH from 2:00 p.m. to 3:00 p.m. ET by way of NIOSH Zoom. REGISTER

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Alston & Bird Offers April 13 Webinar on the New and Improved Employee Retention Tax Credit and Expanded FFCRA Leave Opportunities

Tuesday, April 13, 2021 | 11:00 a.m. – 12:00 p.m. ET 

Originally enacted in March 2020 as part of the CARES Act, the Employee Retention Tax Credit (ERTC) was modified and extended through 2021. Join experts from Alston & Bird On Tuesday, April 13, 2021, from 11:00 a.m. – 12:00 p.m. ET as they explore the new opportunities for employers to claim ERTCs in 2021 and some of the challenges employers may face in determining eligibility for the credits. They will also discuss recent changes to the paid employee leave provisions of the Families First Coronavirus Response Act (FFCRA) that provide additional opportunities for employer tax credits associated with FFCRA leave. Register now!
 

Alston & Bird experts will:

  • Provide an overview of the employee retention tax credit as originally enacted in the CARES Act
  • Discuss taxpayer-friendly changes to the ERTC provisions for 2020 and 2021
  • Explore some of the challenges employers are facing when determining eligibility for ERTCs
  • Discuss recent changes to FFCRA employee leave provisions and the additional tax credit opportunities they create

Meet the Panelists

Scott Harty | Partner | Alston & Bird
Companies rely on Scott to guide them through the tax implications of domestic and cross-border commercial transactions. An experienced negotiator and technician, Scott provides clients the counsel they need to navigate complex transactions.

Seth Buchwald | Associate | Alston & Bird
Drawing from his experience as a certified public accountant, Seth guides his clients through complex business transactions and controversy matters. Since enactment of the CARES Act, Seth has worked extensively with the ERTC provisions.

Brett Coburn | Partner | Alston & Bird
Brett regularly counsels employers of all sizes on compliance with federal and state employment laws. During the pandemic, he has worked extensively with employers regarding their compliance with the paid leave provisions of the FFCRA.

Join MCAA and Participate in COVID-19 Vaccine Awareness Week in Construction, April 19-23, 2021

MCAA and much of the construction industry will be participating in COVID-19 Vaccine Awareness Week in Construction during the week of April 19-23, 2021. MCAA encourages you to join us and participate! The purpose of the safety week is to support the CDC’s campaign to raise awareness about the safety, effectiveness, and benefits of receiving a COVID-19 vaccine. The CDC is providing an Essential Workers COVID-19 Vaccine Toolkit to help affected employers educate their workers about COVID-19 vaccines. The toolkit includes:

  • A customizable letter you can send to your employees with information about vaccine awareness educational offerings;
  • Content for company newsletters and social media sources;
  • A PowerPoint presentation on COVID-19 vaccines; and
  • Key messages for all affected workers.

MCAA encourages you take advantage of these materials. Setting aside a few minutes during the safety week to bring your workers up to speed on the vaccines could be very beneficial to your company. A few options to consider for delivering the information to your workers include:

  • A COVID-19 vaccine awareness safety meeting;
  • A short duration vaccine awareness safety talk each day throughout the week;
  • A COVID-19 vaccine awareness safety Lunch & Learn; and/or
  • Worker access to the Wednesday, April 21, 2021 vaccine awareness webinar, which will be presented by the CDC and NIOSH from 2:00 p.m. to 3:00 p.m. ET by way of NIOSH Zoom.

MCAA will provide you with the webinar registration information as soon as it becomes available.

Be Prepared for OSHA’s COVID-19 Special Emphasis Program (SEP) Enforcement!

The new administration is putting a lot of pressure on OSHA to perform COVID-19 related inspections and enforce the agency’s guidance to prevent the spread of COVID-19 in the workplace. OSHA’s new Special Emphasis Program (SEP) on COVID-19 gives the agency the impetus it needs to do just that. Employers should prepare for the possibility of unprogrammed and programmed COVID-19 inspections.

Unprogrammed Inspections:

To start, make sure you know your rights as an employer, so that you will not unnecessarily provide OSHA with information that could result in a citation. Unprogrammed inspections typically result from the mandatory reporting of a fatality, an employee complaint, or a referral from another government agency. When an inspection is unprogrammed you can limit the scope of the compliance officer’s inspection to the reason for the unprogrammed inspection. For example, if an employee complains to OSHA that the portable toilets are not being regularly sanitized, and that complaint results in an unprogrammed inspection, you can limit OSHA to inspecting only those toilets and prevent the compliance officer from seeing other areas of the jobsite. However, compliance officers can issue citations for safety violations they identify while on the way to inspect the subjects of unprogrammed inspection, so choose the path and mode of transportation to that subject area wisely.  

  • Compliance officers are required to hold pre-inspection conferences. Make sure the conference occurs. There have been cases where compliance officers have omitted this required step in the process;
  • Make sure your company is represented at the conference by someone who knows what to ask and understands how to respond;   
  • The instant the conference begins your company representative should ask the compliance officer for the reason for the inspection;
  • If it is an unprogrammed inspection, limit the compliance officer to the area of the jobsite where the incident that resulted in the inspection occurred, i.e., where the fatality occurred, the specific area of the employee complaint, or the specific area stated in the referral; and  
  • Never leave a compliance officer alone to wander the jobsite. Even though it is an unprogrammed inspection, if a compliance officer sees a violation, he or she can still issue a citation that is unrelated to the reason for the unprogrammed inspection.

Programmed Inspections:

Programmed inspections are randomly selected by OSHA from Dodge Reports. Get  prepared ahead of time in case your company is working on a project that comes up for a programmed COVID-19 inspection. To get prepared, consider what the compliance officers are most likely to look for during the inspection process, and what standards that they are most likely to cite.

Based on OSHA’s most recent COVID-19 compliance directive its compliance officers will be looking specifically for the following items during COVID-19 inspections:

  • Evidence of retaliation against workers for actions related to the virus;
  • Use of face coverings or masks throughout the workplace;
  • Active encouragement of workers to stay home if they are sick;
  • Proper social distancing and accommodating workers with telework where possible;
  • Emphasis on proper respiratory etiquette;
  • Emphasis on proper hand hygiene;
  • Routine environmental cleaning; and
  • Planning for possible infectious disease outbreaks in the workplace.

Since OSHA does not currently have a COVID-19 standard, the agency uses existing standards to enforce worker COVID-19 protection. When performing COVID-19 inspections the agency is most likely to issues citations from provisions in the following standards and its general duty clause.

Mechanical Service and Fabrication Shops:

  • 29 CFR 1904 – Recording and Reporting Occupational Injuries and Illnesses;
  • 29 CFR 1910.132 – General Requirements – Personal Protective Equipment;
  • 29 CFR 1910.134 – Respiratory Protection;
  • 29 CFR 1910.141 – Sanitation;
  • 29 CFR 1910.145 – Specification for Accident Prevention Signs and Tags;
  • 29 CFR 1910.1020 – Access to Employee Exposure and Medical Records;
  • 29 CFR 1910.1030 – Bloodborne Pathogens; and
  • Section 5(a)(1) – General Duty Clause – From the OSH Act of 1970.

Mechanical Construction:

  • 29 CFR 1904 – Recording and Reporting Occupational Injuries and Illnesses;
  • 29 CFR 1926.28 – General Requirements – Personal Protective Equipment;
  • 29 CFR 1926.33 – Access to Employee Exposure and Medical Records;
  • 29 CFR 1926.51 – Sanitation;
  • 29 CFR 1926.103 – Respiratory Protection;
  • 29 CFR 1926.200 – Accident Prevention Signs and Tags; and
  • Section 5(a)(1) – General Duty Clause from the OSH Act of 1970.

If you have any questions or need any assistance protecting your workers from COVID-19 orpreparing your company for possible OSHA COVID-19 related enforcement, please contact Pete Chaney at pchaney@mcaa.org or 301-990-2214.

What to Look for in OSHA’s COVID-19 NEP

There may be some good news regarding OSHA’s new National Emphasis Program (NEP) on enforcing worker protections against COVID-19. Despite the Office of the Inspector General’s February 2021 recommendation that OSHA promulgate an Emergency Temporary Standard (ETS) on COVID-19, it appears that the agency will postpone development of an ETS in favor of the NEP. Here’s what you should know about the NEP to protect your company from OSHA citations.

NEP INSPECTION TYPES

Unprogrammed Inspections

  • OSHA’s primary emphasis will be on unprogrammed inspections triggered by

1st Fatalities;

2nd Complaints; and/or

3rd Referrals.

Programmed Inspections

  • OSHA’s secondary emphasis will be on programmed inspections.
  • There are two tiers of “high risk” employers being targeted by OSHA, Primary Target Industries and Secondary Target Industries.
  • The agency’s emphasis concerning programmed inspections first will be on Primary Target Industries, such as dental care, hospitals, health care, nursing homes, ambulance services, etc.
  • Construction falls into the Secondary Target Industries category along with agriculture, manufacturing, and certain types of transportation.

Programmed Inspections in Construction

Programmed inspection locations will be selected randomly from a list of construction worksites (F.W. Dodge Reports). The emphasis will be on larger projects that are 30% to 60% complete.

What Compliance Officers Will be Looking to Find

OSHA compliance officers will be looking for obvious signs of non-compliance with the agency’s February 2021 COVID-19 Guidance to Prevent the Spread in the Workplace (MCAA Summary). MCAA urges you to pay close attention to your:

  • Prevention Programs;
  • Return to Work Criteria;
  • Social Distancing Measures;
  • Engineering Controls;
  • Face Coverings and PPE; and
  • Sanitization, Cleaning, and Disinfecting Practices.

Probable Citations

  • General Duty Clause
  • Respiratory Protection Standard
  • Personal Protective Equipment Standards

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OSHA Launches National Emphasis Program to Protect High Risk Workers from COVID-19

The new administration’s January 21, 2021 Executive Order, Protecting Worker Safety and Health, requires OSHA to evaluate it’s COVID-19 enforcement actions and make improvements where necessary. In response, OSHA has launched a national emphasis program focusing enforcement efforts on companies that put the largest number of workers at serious risk of contracting the coronavirus. The program also prioritizes employers that retaliate against workers for complaints about unsafe or unhealthy conditions, or for exercising other rights protected by federal law.

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Want to Know What to Expect from OSHA in the New Administration? Don’t Miss Our April 7 Webinar with Adele Abrams!

Wednesday, April 7, 2021 | 12:00 p.m. – 1:00 p.m. EDT

Prepare for OSHA’s coming regulatory and enforcement agendas by participating in this 60-minute webinar for mechanical construction and service companies. Our presenter is nationally recognized safety and health expert and attorney Adele Abrams. She is a frequent presenter for MCAA with expertise in legal, occupational safety/health issues, employment law, and mine safety. Adele is also co-author of several books related to occupational safety and health, construction, employment law, and mining. Join us Wednesday, April 7, 2021 from 12:00 p.m. to 1:00 p.m. EDT. Register now!