OSHA relaxes enforcement during COVID-19 pandemic

The coronavirus pandemic has created unprecedented challenges for employers that are attempting to meet their Occupational Safety and Health Administration (OSHA) regulatory obligations—such as annual training, auditing, testing, and medical surveillance requirements—without creating more risk of exposure to COVID-19 for their employees. Recently, on April 16, 2020, OSHA issued a new enforcement memorandum acknowledging that reality titled "Discretion in Enforcement when Considering an Employer's Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic." The memo provides enforcement relief for employers that exercise good faith in the context of this extraordinary health crisis.

Some background

In explaining the need for enforcement relief, OSHA recognized that the displacement caused by the pandemic has "strained the availability of employees, consultants, or contractors who normally provide training, auditing, equipment inspections, testing, and other essential safety and industrial hygiene services" as well as the opportunity for "employee participation in training even when trainers are available . . . [and] access to medical testing facilities may be limited or suspended."