Portable Sanitation Association International

ASSOCIATIONINSIGHT Portable Sanitation Association International News BIWEEKLY EDITION DECEMBER 9, 2020 Page 11 5. Finalize a Permanent Infectious Disease Standard After the H1N1 pandemic in 2009–10, the Obama administration developed a new, permanent infectious disease standard. That standard, which was never adopted, would have required health facilities and certain other high exposure workplaces to permanently implement infection control programs to protect their workers. In light of the significant impact the COVID-19 pandemic has had on the US workforce, look for the Biden administration to update that draft permanent infectious disease standard and push for its adoption. Even if the COVID-19 pandemic ends soon after President-elect Biden takes office, if we have learned nothing from two pandemics in a decade, it is that figuring things out on the fly can lead to unnecessary chaos and suffering. So Biden, who campaigned on promises of an "employee safety-focused administration," will likely argue that the permanent standard is needed in case any future pandemic strikes the United States. Since we have not seen any language for such a standard yet, it is hard to comment meaningfully on what this might mean for portable sanitation. The PSAI will be monitoring activity in this area closely and requesting input from members when the time for public comment arrives. TIP: Keep reading Association Insight and other industry news so you can knowledgeably engage in the process. 6. Enforce the OSHA Anti-Retaliation Rule Near the end of the prior administration, OSHA published a final rule (2016) that, among other things, amended federal law to add a provision prohibiting employers from retaliating against employees for reporting work-related injuries or illnesses. See 29 CFR § 1904.35(b)(1)(iv). In the preamble to the final rule and in later interpretive communications, OSHA discussed how the final rule could apply to action taken under workplace safety incentive programs, injury and accident reporting programs, and post-incident drug testing policies. The 2016 rule held that blanket automatic post-accident drug testing is improper because it discourages employees from properly reporting injuries. This rule has not received much attention in the last four years. The Biden administration will likely begin enforcing the rule beginning in January 2021. TIP: If your company is still using a blanket post-accident drug testing policy, it may be time for an update. To be compliant with the rule, drug test when "employee drug use is likely to have contributed to the incident, and for which the drug test can accurately identify impairment caused by drug use." Focus updated policies on reasonable suspicion. Final Thoughts As the calendar turns to 2021, the pandemic winds down, and a new President takes office in the US, changes are inevitable at OSHA. It is a sure bet that workplace safety enforcement will be more assertive and vigorous under an OSHA governed by the incoming administration. Portable sanitation company leaders should take actions now to ensure that their safety and health programs are compliant with existing rules and prepare for new rules. They should also seize the moment to educate customers and actively help make the case for better sanitation standards on job sites. If we work together to create a "new normal" on job sites, these higher portable sanitation standards can be the "lemonade" that comes from the lemons that were 2020. v OSHA Standards and Enforcement Expected in 2021…continued from page 8

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