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What businesses should know about OSHA's supplemental reopening guidance

August 2020 employment law letter
Authors: 
Leslie A. Sammon, Axley Brynelson LLP

The Occupational Safety and Health Administration (OSHA) recently issued guidance on returning to work for businesses deemed nonessential. The guidance is intended to supplement the agency's previously issued guidance on preparing workplaces for COVID-19 as well as the Centers for Disease Control and Prevention's (CDC) guidelines for "Opening Up America Again." OSHA's guidance is also supposed to supplement state and local information and reopening requirements. You can use the guidance to develop policies and procedures to ensure your employees' safety and health.

Phased reopening

OSHA recommends a three-phase reopening process to be aligned with the lifting of stay-at-home orders and other specific federal, state, and local requirements. Businesses should generally follow these guidelines.

Phase 1. Make telework available when feasible. Limit the number of people in the workplace to maintain strict social-distancing practices. Limit nonessential business travel. When feasible, accommodate workers at higher risk of severe illness, including workers over age 65 and those with serious underlying health conditions. Additionally, consider extending special accommodations to workers with household members at higher risk of severe illness.

Phase 2. Continue to make telework available when possible. Nonessential business travel can resume. Limitations on the number of people in the workplace can be eased, but moderate to strict social-distancing practices should continue. Continue to accommodate vulnerable workers as identified in the first phase.

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