Reviewing OSHA's guidance for employers during the COVID-19 pandemic

Over the last few months, the federal Occupational Safety and Health Administration (OSHA) has provided guidance addressing workplace safety concerns in response to the COVID-19 pandemic. In April alone, OSHA released pandemic-related enforcement guidance to employers and agency officials seven different times. It has also issued national news releases reminding employees and employers of the whistleblower protections afforded under the Occupational Safety and Health Act (OSH Act). In addition, it has issued industry-specific alerts to keep workers safe, including alerts concerning construction workers, manufacturing workers, package delivery workers, and retail workers. Finally, it has published a new poster focused on reducing workplace exposure to COVID-19. This article provides a summary of OSHA's recent guidance concerning COVID-19 in the workplace.

Alert on OSHA's prohibition on retaliation

On April 8, OSHA issued a national news release reminding employers they cannot retaliate against workers for reporting unsafe and unhealthy working conditions during the COVID-19 pandemic. The agency reminded employers that retaliation can consist of terminations, demotions, denials of overtime or promotion, or reduced hours and/or pay.

OSHA also alerted employees to file a complaint with the agency using the online whistleblower complaint form or toll-free number if they believe their employer has retaliated against them for making safety complaints related to COVID-19.

New OSHA poster