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OSHA strengthens federal guidance on COVID-19 workplace safety

March 2021 employment law letter
Authors: 
Rebecca Seguin-Skrabucha, Bodman Law

On January 21, 2021, President Joe Biden signed an Executive Order (EO) directing the labor secretary, acting through the Occupational Safety and Health Administration (OSHA), to issue “revised guidance to employers on workplace safety during the COVID-19 pandemic” and release, if deemed necessary, “emergency temporary standards” by March 15. On January 29, OSHA published updated guidance, titled “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.”

What new guidance says

OSHA’s guidance specifically notes it’s “not a standard or regulation” and “creates no new legal obligations.” Nevertheless, it summarizes what precautionary measures you should take to provide a safe working environment. The guidance also hints at what you should expect any later emergency temporary standards to include.

Of note, the guidance urges you to implement a “workplace COVID-19 prevention program,” including the following components:

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