OSHA guidance aims to mitigate, prevent COVID-19 spread in workplace

On January 29, the Occupational Safety and Health Administration (OSHA) issued guidance titled “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.” The new guidance, which is advisory, not only addresses some of the more commonplace safety practices but also addresses other employment policies and practices not as readily associated with workplace safety. As you are updating or implementing new policies related to topics such as vaccines, COVID-19-related leave, and antiretaliation policies, you should include in your analysis the impact of the guidance on your policies and their potential impact on workplace safety.

How we got here

On January 21, President Joe Biden issued an Executive Order (EO) on “Protecting Worker Health and Safety” directing the Assistant Secretary of Labor for Occupational Safety and Health to issue science-based guidance for employers to assist in protecting workers from COVID-19. In response, OSHA issued its updated guidance for employers.

Notably, the updated guidance is “advisory in nature, informational in content, and intended to assist employers in providing a safe and healthful workplace.” It doesn’t create new standards, regulations, or legal obligations.