Mask up! OSHA's updated guidance follows CDC's direction for all employees

The Occupational Safety and Health Administration (OSHA) has published aimed at further mitigating and preventing COVID-19's spread in the workplace. The agency's guidelines track the Centers for Disease Control and Prevention's (CDC) July 27, 2021, mask and testing recommendations for all employees, including those already fully vaccinated.

Covered workplaces

OSHA's updated COVID-19 guidance applies to all workplaces not covered by the agency's emergency temporary standard (ETS) for healthcare services. Although it creates no new legal obligations for employers, it does indicate what the agency will expect from them.

An employer that fails to comply with OSHA's updated guidance may be accused of violating the Occupational Safety and Health Act's (OSH Act) General Duty Clause for not keeping the workplace free from recognized, serious health and safety hazards. Many of you have already implemented COVID-19 safety programs and policies as you gear up for office reopenings. Therefore, you should:

• Compare your programs and policies against OSHA's updated guidance as well as other applicable federal, state, and local guidelines and mandates; and
• Assess whether any updates need to be made to your programs and policies.

Key changes

OSHA's updated guidance recommends all employees wear a mask in any indoor or outdoor shared settings in areas with substantial or high levels of community transmission (incorporating the CDC's COVID-19 data tracker):