Doug Parker, the current chief of California’s Division of Occupational Safety and Health, has been nominated as the next head of the U.S. Department of Labor’s OSHA. Parker, as head of Cal/OSHA, implemented California’s emergency COVID-19 safety state regulation last year. It is possible he will also consider a federal safety mandate for COVID-19 as well.
New York Health and Safety Mandate
On the state level, New York implemented the New York Health and Essential Rights Act into law, which requires employers to implement workplace safety standards to protect workers from airborne infectious diseases. This was adopted in large part because of COVID-19, but it is also designed to protect workers from contracting future viruses in the workplace by reducing transmission.
Beginning June 4, 2021, New York employers will be required to adopt an airborne infectious disease exposure prevention standard. The standard will include minimum requirements on procedures and methods for:
- Employee health screenings;
- Face coverings;
- Required personal protective equipment (PPE) applicable to each industry. The PPE must be provided, used, and maintained in sanitary and reliable condition at expense of the employer;
- Accessible workplace hand hygiene stations and breaktimes to use handwashing facilities, as needed;
- Regular cleaning and disinfecting of shared equipment and frequently touched services;
- Effective social distancing for employees and consumers or customers as the risk of illness may warrant;
- Compliance with mandatory or precautionary orders of isolation or quarantine including provision of separate and appropriate accommodations for employees that reside in employer-provided housing;
- Compliance with engineering controls such as proper air flow and exhaust ventilation;
- The designation of one or more supervisory employee to enforce compliance with the airborne infectious disease exposure prevention plan and other federal, state, or local guidance; and
- Verbal review of the infectious disease standard, employer policies, and employee rights under the Act.
The HERO Act also requires that employers with 10 or more employees create a joint workplace health and safety committee to address safety issues and assess the employer’s existing health and safety protocols. Committees must be created by November 1, 2021, and the law mandates that at least two-thirds of each committee be composed of nonsupervisory employees.
Employers should review their current safety practices now. The law provides the power for the Commissioner of the state Department of Labor to assess a $50 civil fine for each day an employer fails to adopt a compliant standard. The Commissioner may also assess civil fines of between $1,000 and $10,000 for an employer’s failure to adhere to that standard.
What if I’m Not in New York?
Back in February, we blogged about OSHA’s Mitigating and Preventing the Spread of COVID-19 in the Workplace guidelines. While these guidelines are not yet required standards, lawsuits are still being filed for not complying with these recommendations.
OSHA specifically recommends all employers to implement a COVID-19 Prevention Program – which does overlap in some ways with the new New York requirements. A COVID-19 Prevention Program should include:
- Hazard Assessment;
- Identifying measures to limit the spread of the virus;
- Adopting ways to ensure infected workers are separated and sent home;
- Protections from retaliation for workers raising COVID-19 safety concerns; and
- Assignment of a Workplace Coordinator to protect workers.
We have a streamlined solution to protect your workplace and comply with Federal OHSA and the CDC: the COVID-19 Workplace Hazard Compliance Tools. For a fixed fee, you will receive a:
- Model COVID-19 Prevention Program;
- COVID-19 Safety Policy;
- Temperature Checks and Symptom Monitoring Policy;
- Business Travel Policy;
- Reasonable Accommodation for Vulnerable Worker Policy; and
- Contact Tracing Policy.
We can help. Contact us for information on the COVID-19 Workplace Hazard Compliance Tools or any other questions.