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OSHA focuses enforcement efforts on higher-risk workplaces amid pandemic

May 2021 employment law letter

On March 21, 2021, the Occupational Safety and Health Administration (OSHA) published a national emphasis program (NEP) to focus its enforcement efforts on preventing employees from contracting COVID-19 and protecting those who report unsafe working conditions. In general, an NEP is a method by which OSHA temporarily focuses its resources on a specific danger or a highly hazardous industry. The newly published NEP targets "establishments that have workers with increased potential exposure to [contracting COVID-19] and that put the largest number of workers at serious risk." The goal is to reduce or eliminate the risk by focusing the agency's enforcement efforts on "a combination of inspection targeting, outreach to employers, and compliance assistance."

Industries, worksites targeted for inspections

As to be expected, the NEP identifies many healthcare-related industries as those with a high risk of workers being exposed to COVID-19. They include physician and dentist offices, home healthcare services, ambulance services, general medical and surgical hospitals, and other medical institutions. It also identifies nonhealthcare industries that may be high-hazard such as meat processors, grocery stores, discount department stores, warehouses, restaurants, and correctional institutions. It should be noted the above are just some of the industries identified in the program.

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