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evaluate, decipher and respond accordingly to the laws and regulations that apply to their operations in their state and locality. The information herein merely presents highlights for consideration. Updates Abound with Fines Attached Since OSHA issued its initial March 10 COVID-19 guidance for employers, subsequently, the agency issued multiple rounds of guidance on issues including, but not limited to, use of N95 respirators, use of non-US-approved KN95 respirators, use of surgical masks and cloth masks, reporting and recording of COVID-19 cases, severe injury report investigations, management of hazard and whistleblower complaints, and protocols for onsite inspections. On May 19, 2020, OSHA issued the latest enforcement guidance, which suggests that it will largely revert to the inspection and complaint investigation procedures set forth in OSHA's 2019 Field Operations Manual. It will also resume more investigation of illnesses/injuries, hazard and discrimination complaints. The revised guidance is at: https://www.osha.gov/memos/2020-05-19/ updated-interim-enforcement-response-plan- coronavirus-disease-2019-covid-19. OSHA will continue to provide some enforcement discretion, across all industry sectors, with respect to certain requirements that are a problem to meet due to travel or other restrictions (e.g., limiting the size of training classes, or prohibiting third- party trainers or certification entities onsite). The complete guidance on enforcement discretion, dated April 16, 2020, is at: https://www.osha.gov/ memos/2020-04-16/discretion-enforcement-when- considering-employers-good- faith-efforts-during. If OSHA finds that an employer was aware of a risk of transmission within its establishment (a "recognized hazard"), its employees were exposed to the hazard (which poses a risk of death), and there is a feasible method of abatement/mitigation (such as the procedures set forth in OSHA/NIOSH/ CDC guidance for the particular industry), and failed to implement appropriate precautions, the agency can issue a civil penalty of up to $134,937 per affected worker under its "General Duty Clause" (Section 5(a)(1) of the Occupational Safety & Health Act of 1970). In addition, OSHA has the following codified standards that it can enforce relative to COVID-19 protections, including its regulations on general use of PPE, respirators, sanitation, hazard communications and medical records access. OSHA guidance on recording of COVID-19 cases on the OSHA 300/301 logs has also changed. Employers must now record COVID-19 illnesses if there is "objective evidence that a COVID-19 case may be work-related and the evidence was reasonably available to the employer" and this is construed as requiring a due diligence investigation. If the employer has a severe illness occur that affects an employee – including a fatality due to COVID-19 or collapse requiring hospitalization – the company must notify OSHA within 8 hours (for a fatality) or 24 hours (hospitalization, as well as any amputation or eye loss cases). Failure to do so results in a mandatory minimum penalty of $5,000 per affected worker. Face Coverings Clarified OSHA issued additional guidance on June 10, 2020, clarifying the distinctions between these different categories of protections, and which mandated standards may apply. The complete guidance, in Q&A format, can be reviewed at https://www.osha.gov/ SLTC/covid-19/covid-19-faq.html. The guidance reminds employers not to use surgical masks or cloth face coverings when respirators are needed, including for protection against air contaminants such as crystalline silica, lead, or asbestos. largely revert to the inspection and complaint investigation procedures set forth in OSHA's 2019 Field Operations Manual. It will also resume more investigation of illnesses/injuries, hazard and discrimination complaints. The revised guidance is at: https://www.osha.gov/memos/2020-05-19/ updated-interim-enforcement-response-plan- coronavirus-disease-2019-covid-19. OSHA will continue to provide some enforcement discretion, across all industry sectors, with respect to certain requirements that are a problem to meet due to travel or other restrictions (e.g., limiting the size of training classes, or prohibiting third- party trainers or certification entities onsite). The complete guidance on enforcement discretion, dated April 16, 2020, is at: https://www.osha.gov/ memos/2020-04-16/discretion-enforcement-when- hazard"), its employees were exposed to the hazard (which poses a risk of death), and there is a feasible method of abatement/mitigation (such as the procedures set forth in OSHA/NIOSH/ CDC guidance for the particular industry), and failed to implement appropriate precautions, the agency can issue a civil penalty of up to $134,937 (for a fatality) or 24 hours (hospitalization, as well as any amputation or eye loss cases). Failure to do so results in a mandatory minimum penalty of $5,000 per affected worker. Face Coverings Clarified OSHA issued additional guidance on June 10, 2020, clarifying the distinctions between these different categories of protections, and which mandated standards may apply. The complete guidance, in Q&A format, can be reviewed at https://www.osha.gov/ SLTC/covid-19/covid-19-faq.html. The guidance reminds employers not to use surgical masks or cloth face coverings when respirators are needed, including for protection against air contaminants such as crystalline silica, lead, or asbestos. iStockphoto.com/DSCimage PalletCentral • May-June 2020 25