OSHA enhancing COVID enforcement

In response to President Biden's January 21, 2021 executive order on protecting worker health and safety, federal OSHA has launched a program focusing its enforcement efforts on companies that put the largest number of workers at serious risk of contracting COVID. In particular, the program prioritizes employers that retaliate against workers for complaints about unsafe conditions, or for exercising other rights protected by federal law.

Going forward, OSHA site inspections are expected to enhance the agency's previous COVID enforcement efforts, and will include follow-up evaluations of certain worksites inspected in 2020. The program's strategy is intended to ensure that abatement efforts have cured previously identified problems, and includes monitoring the effectiveness of OSHA's enforcement and guidance efforts. The program will remain in effect for up to one year, although OSHA has flexibility to amend or cancel the program as the pandemic subsides.

Federally-approved state OSHA plans have adopted varying requirements to protect workers from COVID, and many of them have implemented enforcement programs similar to the federal enforcement program. While it is not required, federal OSHA is strongly encouraging the state programs to adopt its National Emphasis Program for COVID.