OSHA Issues Interim Enforcement Response Plan for COVID-19

OSHA announced earlier this week an interim enforcement response plan for the coronavirus pandemic. The response plan provides instructions and guidance to OSHA Area Offices and compliance safety and health officers (CSHOs) for handling coronavirus-related complaints, referrals, and severe illness reports.

The response plan outlines procedures for addressing reports of workplace hazards related to the coronavirus. Fatalities and imminent danger exposures related to the coronavirus will be prioritized for on-site inspections. The response plan contains procedures and sample documentation for CSHOs to use during coronavirus-related inspections. Workers requesting inspections, complaining of coronavirus exposure, or reporting illnesses may be protected under one or more whistleblower statutes and will be informed of their protections from retaliation.
 
Employers should be aware of the following key issues raised by the new Guidance:
1. OSHA Will Prioritize Enforcement Activities Based On Identified Risk Levels
2. OSHA Will Rely On "Non-Formal Procedures" at Medium or Lower Exposure Risk Workplaces
3. Onsite Inspection Procedures May Be Modified
4. OSHA Has Identified Priority Safety and Health Standards for Review
5. Compliance with CDC Guidance and Other OSHA Guidance May Obviate General Duty Clause Violations
6. Employers Remain Responsible for Reporting and Recording COVID-19 Cases, Although OSHA May Exercise Discretion Regarding Recording

This memorandum will take effect immediately and remain in effect until further notice. It is intended to be time-limited to the current public health crisis. Read the full memo here.