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May-June 2020

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24 PalletCentral • May-June 2020 palletcentral.com COVID-19: NEXT STEPS FOR WORKPLACE SAFETY OSHA By Adele L. Abrams, Esq., CMSP I t's been a wild ride. OSHA issued its initial COVID-19 guidance for employers on March 10, 2020 (a 35-page booklet that was fairly generic and was based on initial CDC information and traditional industrial hygiene practices) but only settled on enforcement, reporting and recordkeeping policy in mid-May 2020, and that policy constituted a back flip from the positions taken the month before. OSHA also has issued sector-specific fact sheets on operations that include warehousing and transportation, the healthcare sector, manufacturing, meatpacking, and construction. The following is an update, as of June 15, 2020, of the requirements and recommended best practices for mitigating COVID-19 hazards for NWPCA member operations, based on federal laws. While most employers can rely on federal OSHA/CDC guidance in crafting their COVID-19 response and reopening programs, some state governments have included workplace safety or worker screening requirements in their reopening rules, or emergency declarations, that may differ from the federal version. Employers should also examine state (and county/municipal) orders for reopening (or potentially re-closing) based on COVID-19 rates, and what types of employee screening may be required on a state-by-state basis. Some states also have included anti-retaliation provisions relating to workers with COVID-19, or have adopted new rules concerning any presumption of workplace transmission when workers report COVID-19 infections for worker's compensation purposes. In addition to any state statutory or common law protections, Section 11(c) of the Occupational Safety & Health Act of 1970, and 29 CFR 1904.36 in OSHA's recordkeeping rules, prohibit retaliation against workers who report an illness or injury, file a safety or health complaint with OSHA, or raise concerns with management internally. Work refusals are also protected activity if the employee has raised a concern about COVID-19 safeguards and the employer refuses to respond in accordance with best practices. Employers should also remember that there are 22 states (plus territories) that run their own OSHA programs and may have more stringent requirements than federal OSHA. CalOSHA is one such example, and that agency's Aerosol Transmissible Disease standard, applicable in healthcare and other high-risk sectors. Ultimately, it is the responsibility for each business to consult their own counsel with questions and to Best practices for a safe workforce, and fine-free future. iStockphoto.com/Maridav

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