In response to President Biden's executive order on protecting worker health and safety, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) on March 12 announced the launch of a national emphasis program (NEP) focusing enforcement efforts on companies that put the largest number of workers at risk of contracting the coronavirus.
The program also prioritizes employers that retaliate against workers for complaints about unsafe or unhealthy conditions, OSHA said.
“This program seeks to substantially reduce or eliminate coronavirus exposure for workers in companies where risks are high, and to protect workers who raise concerns that their employer is failing to protect them from the risks of exposure,” said Jim Frederick, principal deputy assistant secretary of labor for Occupational Safety and Health.
OSHA said the NEP inspections will enhance the agency’s previous coronavirus enforcement efforts, and will include some follow-up inspections of worksites inspected in 2020. The program will remain in effect for up to one year, though OSHA has the flexibility to amend or cancel the program.
“With more people being vaccinated and the number of infections trending down, we know there is light at the end of the tunnel. But until we are past this pandemic workers deserve a Labor Department that is looking out for their health,” added Frederick.
State plans must notify federal OSHA of their intention to adopt the NEP within 60 days after its issuance.
Programmed inspections under the NEP will not begin until the end of March, at the earliest, but unprogrammed activities (inspections triggered by fatalities, complaints, or referrals) may proceed immediately.
In a related action, OSHA also announced an updated Interim Enforcement Response Plan, effective March 18, to prioritize the use of on-site workplace inspections or a combination of on-site and remote methods.
OSHA said it will use remote inspections only if the agency determines that on-site inspections cannot be performed safely.
OSHA’s Emergency Temporary Standard (ETS): President Biden’s executive order also called for a COVID-19 ETS to be issued by March 15.
NGFA has learned that the ETS is being sent to the White House office that reviews regulations, the Office of Information and Regulatory Affairs at the Office of Management and Budget, for at least a two-week period before it is issued.
The COVID-19 NEP will remain in effect before and after the ETS is issued.
— From the March 19 NGFA Newsletter
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