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OSHA Releases New Workplace Guidance on COVID-19

Author: LIANA R. ABREU AND ELIZABETH COWIT – Gibbons Law Alert

…OSHA’s new Guidance calls on employers to implement workplace COVID-19 prevention program…
…In light of the current administration’s focus on workplace safety, employers should brace themselves for a new OSHA that likely will take a more aggressive enforcement approach than that of the previous administration. Accordingly, employers should take this time to review their COVID-19 policies and procedures and ensure they are up-to-date with OSHA’s current Guidance (along with any other local, state, or federal requirements concerning COVID-19)…

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Editor Comment:

In the prior administration, I highlighted the challenge of constantly changing OSHA/state/CDC website guidelines. We now have the advantage of hindsight, extended scientific research and hopefully guidance based on science rather than politics. The Gibbons alert includes a good summary checklist of prevention program elements. My recommendation is to review your existing prevention program against the minor changes and verify that you did indeed preserve the prior guidance for every iteration of your programs to date. Many of the essential program elements involve employee communications and training. These need to be preserved. Have you had employee Covid related deaths or disabilities? If so, get ahead of possible negligence suits or OSHA inspections with a company prevention program timeline and supporting documentation. Just my non-attorney better practice recommendation.

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