COVID-19 Regulatory Updates and Best Practices
On July 15, 2020, Virginia became the first state to issue mandatory COVID-19 workplace safety rules. The Virginia emergency temporary standard will be the first to go beyond OSHA’s non-mandatory guidance and establish minimum virus protection requirements. Look for other states to follow suit. Currently, OSHA has issued temporary enforcement guidance and indicated it will rely on the OSH Act’s general duty clause which requires employers to provide a workplace free from recognized hazards.
This webinar addresses COVID-19 regulatory updates, guidance, and best practices from the Occupational Safety and Health Administration (OSHA), California Division of Occupational Safety and Health (Cal/OSHA), Centers for Disease Control (CDC) and other state, federal and local agencies.
Standards and best practices. The session covers federal OSHA’s use of the General Duty Clause, Virginia’s Emergency Temporary Standard (effective July 27, 2020)—workplace assessment, infection control plans, and training—and Oregon OSHA’s proposed temporary rule. Cal/OSHA guidance on respirator shortages and OSHA resources for return-to-work and hierarchy of controls are also reviewed.
CDC return-to-work guidance. Criteria covered include 10 days from first symptoms (or first positive test if asymptomatic) plus fever resolution and symptom improvement for positive cases; for exposure without a test, 14 days self-isolation and self-monitoring, with telework when possible.
Recordkeeping and reporting. The deck explains when COVID-19 is recordable under federal OSHA and Cal/OSHA, OSHA’s enforcement discretion on work-relatedness, and California’s eight-hour reporting obligation for serious illness. The updated California COVID-19 Employer Playbook and outbreak reporting (three or more lab-confirmed cases in two weeks among employees in different households) are also addressed.
Written programs and HR. All employers should have written COVID-19 return-to-work procedures; California employers must update their IIPP for infection prevention, training, and PPE per Cal/OSHA. The presentation also summarizes workers’ comp presumptions and pending California legislation (AB 196, AB 664, SB 1159), the August 2020 New York federal court ruling on FFCRA paid sick leave, mask accommodations under the ADA, and EEOC updates on antibody testing, pregnancy, age, and accommodation requests.