ASSOCIATIONINSIGHT
Portable Sanitation Association International News
BIWEEKLY EDITION FEBRUARY 3, 2021
Page 14
Expect OSHA Changes from Executive Order
By Karleen Kos, PSAI's Executive Director
Continued on page 15
P
resident Biden issued an executive order on January 21,
2021 focused on increasing protections to keep workers
safe during the COVID-19 pandemic. The order requires
the Occupational Safety and Health Administration (OSHA)
to consider whether any emergency temporary standards
on COVID-19, such as masks, are necessary. The PSAI first
reported this order was likely in its December 9 issue of
Association Insight.
While the order, as written, does not mandate changes,
it is likely that OSHA's review will, at a minimum, result in
formalizing practices that have been in place for keeping workers safe since early last year. During the Trump
administration, employers received voluntary guidance from OSHA on how to adjust workplace practices during
the pandemic, but the Agency didn't create or promote virus-specific requirements. It seems unlikely that the new
review will relax the voluntary guidance, and officials are considered more likely to formalize the guidance into
requirements under present conditions. Here is a summary of what we know so far.
Expect News Soon
OSHA must act expeditiously. If the Agency's review indicates emergency temporary standards (ETS) are
necessary, the ETS must be issued by March 15 according to the executive order. OSHA also must revise guidance
to employers on workplace safety during the pandemic no later than February 4 or 5, 2021. If this happens, the
PSAI will cover it in the February 17 issue of Association Insight
and at the next virtual roundtable on the calendar after the
guidance is available.
In addition, President Biden has directed OSHA to review its
enforcement efforts and to launch an outreach campaign to
inform workers and their representatives of their rights. While
we don't yet know what form that will take, it is likely portable
sanitation businesses will need to make sure their own workers
are aware of the OSHA guidelines as well as assisting their
customers in doing the same as it pertains to the services our
industry provides. Read the Executive Order.
No Public Comment Period—Required Changes Will Come Fast
Unless enacted by Congressional action, it often takes years to change an OSHA standard and federal rules. This
is because a process of gaining input from those affected is required by law. An emergency standard, such as
the one that may follow from OSHA's review, can be issued more quickly partly because it can be issued with the
government skipping the usual public comment period.
David Michaels, a former OSHA administrator under President Obama, told the Wall Street Journal that an
emergency temporary standard would be designed to help ensure employers minimize workplace transmission of
COVID-19. Regardless of the reason for a new law or requirement, business owners are always concerned about
costs and other burdens of implementation. So OSHA, and the Biden Administration, will have to balance the
"ideal" with what is practical and achievable. It is likely they will be hearing from business groups, labor unions,
associations, scientists, and public health professionals as they decide how to go forward.
