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OSHA releases guidance as nonessential businesses reopen

July 2020 employment law letter
Authors: 
Katherine Cser, Bodman PLC

On June 18, the U.S. Occupational Safety and Health Administration (OSHA) released guidance to assist nonessential businesses as they reopen and return employees to the workplace. OSHA is charged with ensuring employers provide safe and healthful workplaces for their employees by setting and enforcing standards and providing employers with training and assistance. The guidance supplements OSHA’s previously developed Guidance on Preparing Workplaces for COVID-19 and the White House's Guidelines for Opening Up America Again. Specifically, the guidelines provide principles for three phases of reopening.

Phase 1

OSHA advises that during Phase 1, businesses should consider making telework available, when possible and feasible. Additionally, for employees who must return to the workplace, OSHA recommends:

  • Limiting the number of people in the workplace to maintain strict social distancing;
  • Considering flexibilities or accommodations based on the individual needs of employees such as those who are at higher risk of severe illness, including elderly employees, those with serious health conditions, and those who share a household with people at higher risk of severe illness; and
  • Limiting nonessential business travel.

Phase 2

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