ASSOCIATIONINSIGHT
Portable Sanitation Association International News
BIWEEKLY EDITION MARCH 31, 2021
Page 10
OSHA Launches Program to Protect Workers from COVID-19
W
ashington, DC—In response to President
Biden's executive order on protecting
worker health and safety, the U.S.
Department of Labor's Occupational Safety and
Health Administration has launched a national
emphasis program (NEP) 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.
"This deadly pandemic has taken a staggering
toll on U.S. workers and their families. We have
a moral obligation to do what we can to protect
workers, especially for the many who have no other
protection," said Principal Deputy Assistant Secretary of Labor for Occupational Safety and Health Jim Frederick.
"This program seeks to substantially reduce or eliminate coronavirus exposure for workers in companies where
risks are high, and to protect workers who raise concerns that their employer is failing to protect them from the
risks of exposure."
NEP inspections will enhance the agency's previous coronavirus enforcement efforts, and will include some follow-
up inspections of worksites inspected in 2020. The program's focused strategy ensures abatement and includes
monitoring the effectiveness of OSHA's enforcement and guidance efforts. The program will remain in effect for
up to one year from its issuance date, though OSHA has the flexibility to amend or cancel the program as the
pandemic subsides.
OSHA state plans have adopted varying requirements to protect employees from coronavirus, and OSHA knows
many of them have implemented enforcement programs similar to this NEP. While it does not require it, OSHA
strongly encourages the rest to adopt this NEP. State plans must notify federal OSHA of their intention to adopt
the NEP within 60 days after its issuance.
In a related action, OSHA has also updated its Interim Enforcement Response Plan to prioritize the use of on-
site workplace inspections where practical, or a combination of on-site and remote methods. OSHA will only use
remote-only inspections if the agency determines that on-site inspections cannot be performed safely. On March
18, 2021, OSHA will rescind the May 26, 2020, memorandum on this topic and this new guidance will go into and
remain in effect until further notice.
OSHA will ensure that its Compliance Safety and Health Officers have every protection necessary for onsite
inspections. When conducting on-site inspections, OSHA will evaluate all risk and utilize appropriate protective
measures, including appropriate respiratory protection and other necessary personal protective equipment.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and
healthful workplaces for their employees. OSHA's role is to help ensure these conditions for America's working
men and women by setting and enforcing standards, and providing training, education and assistance under the
Occupational Safety and Health Act. v
Release issued March 12, 2021.
