OSHA launches program to protect workers from COVID-19, retaliation

The Occupational Safety and Health Administration (OSHA) launched a national emphasis program (NEP) in March 2021 to focus its COVID-19 enforcement efforts. The NEP will remain in effect for up to a year, although the agency has the discretion to amend or cancel it sooner (as more workers get vaccinated and the pandemic begins to subside). The program is a direct response to a January 2021 Executive Order from President Joe Biden directing the U.S. Department of Labor (DOL) to issue revised guidance for employers.

More inspections likely

As part of the NEP, OSHA will use a focused strategy for inspections to ensure employers are using COVID-19 protections in the workplace. The NEP includes follow-up inspections of (1) worksites previously inspected because of a coronavirus-related fatality or (2) workplaces that received a virus-related citation.

The NEP provides a full list of targeted industries in Appendices A and B but anticipates the majority of the inspections will continue to occur in general industry, particularly at healthcare institutions, meat-processing facilities, grocery stores, restaurants, and general warehousing operations. The goal is for at least five percent of the inspections in each region to be COVID-19-related.

Inspections related to COVID-19 fatalities are first priority under the NEP, followed by those involving alleged employee exposure to the virus. The inspections will be conducted on-site and in person unless OSHA determines it can’t do so safely.