OSHA citation sheds light on Biden approach to COVID-19 enforcement

The Occupational Safety and Health Administration (OSHA) recently issued a citation shedding light on its approach to COVID-19 enforcement under the Biden administration. The agency cited a Missouri automotive manufacturer under the Occupational Safety and Health Act’s (OSH Act) General Duty Clause after six employees became ill with the virus and one died as a result of the complications. The citation is informative about OSHA’s expectations for employers’ adherence to social distancing and mask usage policies in the workplace.

Facts and findings in Missouri case

According to OSHA, two employees working less than two feet apart jointly operated a press for hours at a time and tested positive for COVID-19. Neither worker had been wearing a face mask. Ten days later, two more press operators tested positive for the virus, and one of them died.

The OSHA citation alleges the employer failed to implement social distancing practices or enforce the use of face masks at its facility. The employer’s response isn’t known, but it can contest the findings.

What OSHA’s action tells us