An OSHA Update 2020

Scott G. ShimandleCompliance Assistance Specialist, Allentown Area Office

Occupational Safety and Health Administration

This information is intended to assist employers, workers, and others as they strive to improve workplace health and safety. While we attempt to thoroughly address specific topics, it is not possible to include discussion of everything necessary to ensure a healthy and safe working environment in a presentation of this nature. Thus, this information must be understood as a tool for addressing workplace hazards, rather than an exhaustive statement of an employer’s legal obligations, which are defined by statute, regulations, and standards. Likewise, to the extent that this information references practices or procedures that may enhance health or safety, but which are not required by a statute, regulation, or standard, it cannot, and does not, create additional legal obligations. Finally, over time, OSHA may modify rules and interpretations in light of new technology, information, or circumstances; to keep apprised of such developments, or to review information on a wide range of occupational safety and health topics, you can visit OSHA’s website at www.osha.gov.

Disclaimer

OSHA Regulatory Agenda Spring 2020 Most Frequently Cited Standards in 2019 Penalty Update LEP’s and Fatal Accidents in FY2020 COVID-19 guidance

What we want to cover

What is the Regulatory Agenda?

Regulatory Agenda informs public of federal agencies’ regulatory priorities

Published twice a year in Spring and Fall in Reginfo.gov

Regulatory Plan (published as part of Fall Agenda) has more details about the most significant regulatory actions

Regulatory Agenda Components

Current Regulatory AgendaPre-Rule ActionsProposed Rules Final Rules

Long-Term Actions Items for which agency does not expect to

have regulatory action within a yearAppears on separate list in Reginfo.gov

Regulatory Agenda Entry Example

Completed OSHA Rules:Rules That Became Final

Standards Improvement Project (SIP) IV – issued May 14, 2019– Revised recordkeeping, general industry, maritime, and construction

standards that were confusing, outdated, or unnecessary.

Respirator Quantitative Fit Test Protocols – issued Sep. 26, 2019– Two new protocols issued

Technical Corrections to 27 OSHA Standards and Regulations – issued Feb. 20, 2020– Corrections to inaccurate graphics and typographical errors.

OSHA: Final Rule Stage

Employee Medical Records Cranes and Derricks in Construction: Railroad Roadway

Work Exemption Beryllium in General Industry Beryllium in Shipyards and Construction Retaliation Complaints under the Taxpayer First Act Retaliation Complaints under Whistleblower Statutes Maritime Advisory Committee for Occupational Safety

and Health

Final Rule Stage: Employee Medical Records

OSHA’s regulation at 29 CFR 1913.10 includes internal procedures that OSHA personnel follow when obtaining and using personally identifiable employee medical information.

OSHA plans to amend this regulation to improve its efficiency in implementing these internal procedures.

OSHA plans to issue a final rule in 2020.

Final Rule Stage: Cranes and Derricks in Construction – Railroad Roadway Work

OSHA issued proposed rule in July 2018 and issued the final rule on Sept. 15, 2020.

The rule will expand the exemptions to the cranes standard affecting railroad roadway work.

The rule would exempt a particular class of track maintenance hoisting equipment and specify partial exemptions from, or alternate work practices in lieu of particular requirements of the cranes standard.

Final Rule Stage: Beryllium in General Industry

Final rule in Jan. 2017 reduced exposure limits in general industry, construction, and shipyards.

OSHA issued proposed rule on Dec. 12, 2018 to revise the general industry standard in response to stakeholder feedback and to resolve pending litigation.

Final rule issued on July 14, 2020.

Final Rule: Beryllium in Construction and Shipyards

Beryllium exposure in construction and shipyards occurs almost exclusively during abrasive blasting and welding.

OSHA issued a proposed rule in Oct. 2019 to: More appropriately tailor the requirements of the construction

and shipyard standards to the particular exposures in these industries.

More closely align the shipyard and construction standards to the general industry standard.

Clarify requirements for materials containing trace amounts of beryllium.

Final rule issued on August 31, 2020

OSHA: Proposed Rule Stage

Cranes and Derricks in Construction Communication Towers Hazard Communication Standard Powered Industrial Trucks, Design Standard Powered Industrial Trucks, Maintenance & Use Lockout/Tagout

OSHA: Proposed Rule Stage (cont’d)

Silica Construction Standard: Revisions to Table 1 Silica: Medical Surveillance Provisions for Medical

Removal Protection Welding in Construction Confined Spaces Drug Testing Program and Safety Incentive Rule PPE in Construction Walking-Working Surfaces

Proposed Rule Stage: Cranes and Derricks in Construction

OSHA is proposing various corrections and amendments to the cranes and derricks standards issued in 2010.

Proposed rule expected in 2020.

Proposed Rule Stage: Communication Towers

High fatality rate in this industry – falls are leading cause of death.

Communication tower construction and maintenance activities may not be adequately covered by current OSHA fall protection and personnel hoisting standards.

Small Business Regulatory Enforcement Fairness Act (SBREFA) process completed in Oct. 2018.

OSHA plans to issued a proposed rule in December 2020.

Proposed Rule Stage: Hazard Communication Standard

Maintain alignment with Globally Harmonized System of Classification and Labeling of Chemicals (GHS)

Codify enforcement policies issued since the 2012 Hazard Communication Standard

Proposed rule expected in 2020

Proposed Rule Stage: Powered Industrial Trucks – Design and Construction

OSHA’s powered industrial trucks standard relies on ANSI standards from 1969.

The Industrial Truck Association has asked OSHA to update and expand the OSHA standard to account for the substantial revisions to ANSI standards on powered industrial trucks.

This rulemaking would:– Update the reference to the 1969 consensus standard to also include

the latest version of ANSI/ITSDF B56.1a-2018, Safety Standard for Low Lift and High Lift Trucks.

– Incorporate by reference the consensus standard provisions on design and construction of powered industries trucks.

Proposed rule expected in 2020.

Proposed Rule Stage: Powered Industrial Trucks – Maintenance, Use, and Training

OSHA’s powered industrial trucks standard relies on ANSI standards from 1969.

The Industrial Truck Association has asked OSHA to update and expand the OSHA standard to account for the substantial revisions to ANSI standards.

OSHA issued a requests for information in March 2019 to determine if changes need to be made to requirements for locations of use, maintenance, training, and operation of powered industrial trucks.

OSHA will develop a proposed rule to update the reference to the 1969 consensus standard (B56.1) to the 2016 version.

Proposed rule expected in Dec. 2020.

Proposed Rule Stage: Lock-Out/Tag-Out

Recent technological advancements that employ computer-based controls of hazardous energy (e.g., mechanical, electrical, pneumatic, chemical, radiation) conflict with OSHA's existing lock-out/tag-out standard.

The use of these computer-based controls has become more prevalent as equipment manufactures modernize their designs.

OSHA issued a request for information (RFI) in May 2019 to help it understand the strengths and limitations of this new technology, and potential hazards to workers.

Proposed rule expected in April 2021.

Proposed Rule Stage: Silicain Construction – Table 1

Table 1 in OSHA’s crystalline silica standard for construction includes dust control methods for certain equipment/tasks. Employers that follow Table 1 are not required to measure workers’ silica exposure and are not subject to the PEL.

On Aug. 15, 2019, OSHA issued a request for information (RFI) on the effectiveness of control measures not currently included for tasks and tools listed in Table 1. OSHA also requested information on tasks and tools involving exposure to silica that are not currently listed in Table 1.

OSHA is evaluating this information to determine if revisions to Table 1 may be appropriate.

OSHA expects to issue a proposed rule in March 2021.

Proposed Rule Stage: Silica - Medical Surveillance Provisions for Medical Removal Protection

OSHA’s silica standards (construction and general industry/maritime) do not include a provision for medical removal protection.

Industry and labor organizations petitioned for review of the rule.

A federal court concluded that OSHA failed to adequately explain its decision to omit medical removal protections from the rule and sent the rule back to OSHA for further consideration.

OSHA expects to issue a propose rule in April 2021.

Proposed Rule Stage: Welding in Construction Confined Spaces

Although the confined spaces standard states that it encompasses welding activities, the welding standard itself does not expressly identify a definition of "confined space."

OSHA will conduct a rulemaking to eliminate any perceived ambiguity about the definition of confined space that applies to welding activities in construction

Proposed rule expected in 2020

Proposed Rule Stage: Drug Testing Program and Safety Incentive Rule

An OSHA memo to the field clarified that 29 CFR 1904.35(b)(1)(iv) does not prohibit post-incident drug testing or safety incentive programs.

OSHA will proposed to memorialize its position on these issues through changes to 29 CFR 1904.35(b)(1)(iv).

Proposed rule expected in Nov. 2020.

Proposed Rule Stage: PPE in Construction

Clarify requirements for the “fit” of PPE in construction.

Proposed rule expected in 2020.

Proposed Rule Stage: Walking-Working Surfaces

OSHA received stakeholder feedback that some provisions of the 2016 final rule on walking-working surfaces are unclear.

OSHA plans to correct a formatting error in Table D-2 (Stairway Handrail Requirements).

OSHA also plans to revise language on stair rail systems to make them clearer and reflect OSHA’s original intent.

Proposed rule expected in 2020.

OSHA: Pre-Rule Stage

Emergency Response and Preparedness Mechanical Power Presses Tree Care Standard Workplace Violence in Health Care and Social

Assistance Blood Lead Level for Medical Removal

Pre-Rule Stage: Emergency Response and Preparedness

Current OSHA standards do not reflect all the major developments in safety and health practices that have been accepted by the emergency response community and incorporated into industry consensus standards.

OSHA’s standards do not address the full range of hazards or concerns facing emergency responders, nor do they reflect major changes in performance specifications for protective clothing and equipment.

OSHA is considering updating these standards with information gathered through a request for information (RFI) and public meetings.

OSHA plans to initiate the Small Business Regulatory Enforcement Fairness Act (SBREFA) process in October 2020.

Pre-Rule Stage: Mechanical Power Presses

Current OSHA standard is 40 years old and does not address technological changes or the use of hydraulic or pneumatic power presses.

OSHA plans to issue a request for information (RFI) in 2020 to help it determine how to proceed.

Pre-Rule Stage: Tree Care Standard

There is no OSHA standard for tree care operations. OSHA applies a patchwork of standard to address the serious hazards in this industry.

The tree care industry has petitioned OSHA to initiate a rulemaking. OSHA completed the Small Business Regulatory Enforcement

Fairness Act (SBREFA) process in May 2020. During the SBREFA process, OSHA collected information from

small businesses on a potential standard, including the scope, work practices, and arboricultural specific uses of equipment to guide OSHA in developing a rule.

Pre-Rule Stage: Workplace Violence in Health Care and Social Assistance

Labor unions and National Nurses United petitioned OSHA to issue a standard on preventing workplace violence in health care. OSHA granted the petitions in January 2017.

OSHA previously issued a request for information (RFI) asking health care employers and workers about the impact of workplace violence and prevention strategies.

OSHA plans to initiate the Small Business Regulatory Enforcement Fairness Act (SBREFA) process in Dec. 2020.

Pre-Rule Stage: Blood Lead Level for Medical Removal

Recent medical findings indicate that, even at levels below the OSHA standard, blood lead levels (BLLs) in adults can result in adverse health effects.

OSHA’s lead standards for general industry and construction are based on lead toxicity information that is over 35 years old. The standards allow for the return of the employee to former job status at a BLL < 40 µg/dL.

The U.S. Department of Health and Human Services, Council of State and Territorial Epidemiologists (CSTE), and California’s Medical Management recommend that BLLs among all adults be reduced to <10 µg/dL.

OSHA is exploring regulatory options to lower blood leads in affected workers. OSHA plans to issue an Advanced Notice of Proposed Rulemaking in

September 2020 to help identify possible areas of the lead standards for revision to improve protection of workers in industries and occupations where preventable exposure to lead continues to occur.

OSHA: Long-Term Actions

Injury and Illness Recordkeeping– Restore Musculoskeletal Disorders (MSD) column to

OSHA 300 log Infectious Diseases

– Require health care and other high-risk industries to establish infection control programs

Process Safety Management and Prevention of Major Chemical Accidents– Modernize PSM standard to prevent major chemical

accidents

OSHA: Long-Term Actions(continued)

Shipyard Fall Protection: Scaffolds, Ladders, and Other Working Surfaces– Update shipyard fall prevention standard to provide more

comprehensive coverage and reflect national consensus standards Chemical-Specific Health Standards: Medical

Surveillance Provisions for Medical Removal– OSHA rules that include medical removal provisions (MRP) are

inconsistent on how MRP is addressed for permanent conditions, duration of MRP benefits, and multiple physician review. OSHA is considering revising these provisions to improve consistency in the application of MRP.

PENALTY UPDATE

36

Maximum Penalties

LevelCurrent Maximum

Penalty(Pre 2016)

2019 Maximum

Penalty

2020 MaximumPenalty

Serious $7,000 per violation $13,260 $13,494 per violation

OTS $7,000 per violation $13,260 $13,494 per violation

Willful or Repeat

$70,000 per violation $132,598 $134,937 per violation

Posting $7,000 per violation $13,260 $13,494 per violation

Failure to Abate

$7,000 per day unabated beyond the

abatement date [generally limited to 30

days maximum]

$13,260 per day unabated

$13,494 per day unabated beyond the abatement date [generally limited to 30 days maximum]

Regional Local Emphasis Programs (LEP’s)

Region 3 - DE, DC, MD, PA, VA, WV 2019-14 (CPL 04) - Local Emphasis Program for Health

Hazards in Metal Fabrication (Except Structural) - PDF 2019-07 (CPL 04) - Regional Emphasis Program for

Demolition Activities and Gut Rehabilitation - PDF 2019-03 (CPL 04) - Regional Emphasis Program for Fall

Hazards in the Construction Industry - PDF 2019-02 (CPL 04) - Regional Emphasis Program for High

Level Noise - PDF

Regional LEP’s (cont’d)

Region 3 - DE, DC, MD, PA, VA, WV 2019-12 (CPL 04) - Regional Emphasis Program for Logging

in West Virginia - PDF 2019-06 (CPL 04) - Regional Emphasis Program for

Programmed Maritime Inspections - PDF 2019-01 (CPL 04) - Regional Emphasis Program for the Oil

and Gas Service Industry - PDF 2019-05 (CPL 04) - Regional Emphasis Program for Tree

Trimming and Clearing Operations - PDF

TOP 10 VIOLATIONSFISCAL YEAR (FY) 2019

Top Ten ViolationsMost frequently cited OSHA standards during FY 2019 inspections

1. Fall Protection – General Requirements (1926.501)2. Hazard Communication (1910.1200)3. Scaffolding (1926.451)4. Lockout/Tagout (1910.147)5. Ladders (1926.1053)6. Respiratory Protection (1910.134) 7. Powered Industrial Trucks (1910.178)8. Fall Protection – Training Requirements (1926.503)9. Machine Guarding (1910.212)10. Eye and Face Protection (1926.102)

Top Ten Violations: FY 2019 (with top 5 sections cited)

1) 1926.501 - Fall Protection

• 1926.501(b)(13) – fall protection in residential construction• 1926.501(b)(1) – unprotected sides and edges• 1926.501(b)(10) – roofing work on low-slope roofs• 1926.501(b)(11) – steep roofs• 1926.501(b)(4)(i) – protection from falling through holes,

including skylights

Top Ten Violations: FY 2019 (with top 5 sections cited)

2) 1910.1200 - Hazard Communication

• 1910.1200(e)(1) – written hazard communication program

• 1910.1200(h)(1) – employee information and training• 1910.1200(g)(8) – maintaining copies of Safety Data

Sheets in the workplace and ensuring that they are readily available to employees

• 1910.1200(g)(1) – having Safety Data Sheets in the workplace for each hazardous chemical

• 1910.1200(f)(6)(ii) – labeling containers of hazardous chemicals with product identifier and words, pictures, symbols, or combination thereof

Top Ten Violations: FY 2019 (with top 5 sections cited)

3) 1926.451 - Scaffolding

• 1926.451(g)(1) – fall protection • 1926.451(e)(1) – providing access • 1926.451(b)(1) – platform construction • 1926.451(g)(1)(vii) – use of personal fall

arrest or guardrail systems• 1926.451(f)(7) – erection, moving,

dismantling, or alteration of scaffolds

Top Ten Violations: FY 2019 (with top 5 sections cited)

4) 1910.147 – Lockout/Tagout

• 1910.147(c)(4)(i) – developing, documenting, and utilizing energy control procedures

• 1910.147(c)(6)(i) – periodic inspection of energy control procedure at least annually

• 1910.147(c)(1) – establishing an energy control program• 1910.147(c)(7)(i) – training on the energy control program• 1910.147(d) – elements of lockout/tagout procedures

Top Ten Violations: FY 2019 (with top 5 sections cited)

5) 1926.1053 - Ladders

• 1926.1053(b)(1) – extending portable ladder side rails at least 3 feet above upper landing surface

• 1926.1053(b)(4) – using ladders only for purpose for which they were designed

• 1926.1053(b)(13) – not using the top or top step of a stepladder as a step

• 1926.1053(b)(16) – marking or tagging portable ladders with structural defects and removing them from service

• 1926.1053(b)(6) – use ladders only on stable and level surfaces unless secured

Top Ten Violations: FY 2019 (with top 5 sections cited)

6) 1910.134 – Respiratory Protection

• 1910.134(e)(1) – medical evaluation to determine employee’s ability to use a respirator

• 1910.134(c)(1) – written respiratory protection program• 1910.134(f)(2) – fit testing for employees using a tight-fitting

facepiece respirator: testing frequency• 1910.134(f)(1) – ensuring that employees using a tight-fitting

facepiece respirator pass a qualitative or quantitative fit test• 1910.134(c)(2)(i) – providing respirators at request of

employees or permitting employees to use their own respirators

Top Ten Violations: FY 2019 (with top 5 sections cited)

7) 1910.178 – Powered Industrial Trucks• 1910.178(l)(1)(i) – operator training: ensuring that operators are

competent to safely operate a powered industrial truck as demonstrated by completion of training and evaluation

• 1910.178(l)(4)(iii) – refresher training and evaluation: evaluation of operator’s performance must be conducted at least once every three years

• 1910.178(l)(6) – certification of operator training and evaluation• 1910.178(p)(1) – taking powered industrial trucks out of service

when in need of repair, defective, or unsafe• 1910.178(l)(1)(ii) – operator training: ensuring completion of

training prior to permitting employee to operate powered industrial truck

Top Ten Violations: FY 2019 (with top 5 sections cited)

8) 1926.503 – Fall Protection, Training• 1926.503(a)(1) – training program for each employee who might be

exposed to fall hazards• 1926.503(b)(1) – written training certification• 1926.503(c)(3) – retraining required when inadequacies in employee’s

knowledge or use of fall protection systems or equipment indicate that the employee has not retained the requisite understanding or skill

• 1926.503(a)(2) – training by a competent person qualified in specified areas

• 1926.503(a)(2)(iii) – training by a competent person on fall protection to be used, including guardrail, personal fall arrest, safety net, warning line, and safety monitoring systems, and controlled access zones

Top Ten Violations: FY 2019 (with top 5 sections cited)

9) 1910.212 – Machine Guarding

• 1910.212(a)(1) – providing one or more methods of machine guarding

• 1910.212(a)(3)(ii)– point of operation guarding: guarding device

• 1910.212(b) – anchoring fixed machinery• 1910.212(a)(2) – affixing guards to the machine• 1910.212(a)(3)(iii) – point of operation guarding: special

handtools for placing and removing material

Top Ten Violations: FY 2019 (with top 5 sections cited)

10) 1926.102 – Eye and Face Protection

• 1926.102(a)(1) – ensuring that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards

• 1926.102(a)(2) – ensuring that each affected employee uses eye protection that provides side protection when there is a hazard from flying objects

• 1926.102(a)(3) – employees that wear prescription lenses• 1926.102(b)(1) – protective eye and face protection devices must

comply with any of the specified consensus standards• 1926.102(c)(1) – protection against radiant energy: selection of

shade numbers for welding filter

OSHA Federal StandardsOctober 1, 2018 – September 30, 2019

General Industry FY2019

NUMBER OF SERIOUS VIOLATIONS – FY 2019

29 C

FR 1

910.

408

419

447

458

468

518

556

1,085

1,280

1,388

.28(b)(1)(i)

.134(c)(1)

.178(I)(1)(i)

.212(a)(3)(ii)

.1200(g)(8)

.134(e)(1)

.147(c)(4)(i)

.1200(h)(1)

.212(a)(1)

.1200(e)(1)

DI

NO

ZI

JZ

OZ

MOST FREQUENTLY CITED SERIOUS VIOLATIONSIN GENERAL INDUSTRY 2019

52

Overall 1910 M

FC

HAZARD COMMUNICATION – WRITTEN PROGRAM

MACHINE GUARDING – TYPES OF GUARDING METHODS

HAZARD COMMUNICATION – INFORMATION & TRAINING

FALL PROTECTION – UNPROTECTED SIDES & EDGES

POWERED INDUSTRIAL TRUCKS – SAFE OPERATION

HAZARDOUS COMMUNICATION – MAINTAIN COPIES OF SDS’S

HAZARDOUS ENERGY CONTROL – PROCEDURES SHALL BE DEVELOPED

MACHINE GUARDING – POINT OF OPERATIONS

RESPIRATORS – EMPLOYER ESTABLISHING A WRITTEN RESPIRATOR PROGRAM

RESPIRATORS – MEDICAL EVALUATIONS

29 C

FR 1

910

SUBP

ARTS

Construction Industry

FY2019OSHA Federal Standards

October 1, 2018 – September 30, 2019

NUMBER OF SERIOUS VIOLATIONS – FY 2019

29 C

FR 1

926.

575

618

631

672

927

1036

1346

1548

1616

4270

.21(b)(2)

.451(g)(1)

.501(b)(10)

.453(b)(2)(v)

.100(a)

.501(b)(1)

.503(a)(1)

.102(a)(1)

.1053(b)(1)

.501(b)(13)

CL

ML

EM

ME

XM

MOST FREQUENTLY CITED SERIOUSVIOLATIONS IN CONSTRUCTION 2019

54

1926 Overall M

FC

FALL PROTECTION – RESIDENTIAL CONSTRUCTION

LADDERS – NOT EXTENDED 3 FEET ABOVE LANDING

EYE & FACE PROTECTION – USE OF APPROPRIATE PROTECTION

FALL PROTECTION – UNPROTECTED SIDES & EDGES

FALL PROTECTION– TRAINING FOR THOSE EXPOSED TO FALL HAZARDS

HEAD PROTECTION – USE OF PROTECTION

AERIAL LIFTS – FALL PROTECTION

SCAFFOLDS – FALL PROTECTION

GENERAL SAFETY & HEALTH PROVISION - INSPECTIONS BY A COMPETENT PERSON

FALL PROTECTION – ROOFING WORK ON LOW-SLOPED ROOFS29 C

FR 1

926

SUBP

ARTS

FY 2020 AAO Experience

Since Oct. 1, 2019 - 11 Work-related Fatalities 3 - COVID-19 related 4 - “Stuck-by” - motor vehicle, falling tree (while inside

building), falling tree while removing tree, and another with a front-end loader.

2 - “Caught-in” between heavy equipment and drive shaft 1 “Fall” - from ladder while pulling cable and passing truck

snagged line 1 - “Electrocution” when lanyard came in contact with

power line

COVID-19 Response Summary

COVID-19 Response Summary - EnforcementSummary Data for Federal and State Programs

Complaints, Referrals and Closed CasesFederal Inspections OpenedState Inspections Opened

Detailed Data for Federal ProgramComplaints by Selected Essential IndustryComplaints by Selected IndustryComplaints and Referrals by RegionInspections by Region

Complaints and Referrals by DateNOTE: The data below includes all valid complaints and referrals received since February 1, 2020, with the N-16-COVID-19 additional code.

www.osha.gov/enforcement/covid-19-data#complaints_selected

OSHA Guidance

www.osha.gov/coronavirus

Prepare to Implement Basic Infection Prevention Measures

Procedures for Identification and Isolation of the Sick

Workplace Flexibilities and Protections

Implement “hierarchy of controls”

Occupational exposure risks

www.osha.gov/coronavirus

OSHA is closely coordinating with CDC, including NIOSH, and other agencies to monitor the ongoing pandemic.

The risk of exposure in many workplaces likely reflects the risk to the general public in the community where the workplace is located.

Risk increases when workers have frequent, close contact with the general public or other coworkers.

Occupational exposure risks

www.osha.gov/coronavirus

Workers in some sectors may have increased risk of occupational exposure to SARS-CoV-2, including in:

Healthcare and Laboratories Emergency response Mortuary services and other deathcare Airline operations Border protection and passenger screening Critical retail operations (e.g., grocery

stores, pharmacies) Photo: U.S. Customs and Border Protection / James Tourtellotte

Existing OSHA standards protect workers from exposure

www.osha.gov/coronavirus

Follow existing OSHA standards to help protect workers from exposure to SARS-CoV-2 and infection with COVID-19.

Employers should also remember that OSHA can use the General Duty Clause, Section 5(a)(1), of the Occupational Safety and Health Act to ensure that workers are protected from recognized safety and health hazards that may cause serious harm.

Relevant OSHA requirements

Personal Protective Equipment (29 CFR 1910 subpart I), including: PPE General Requirements

(1910.132) Eye and Face Protection

(1910.133) Respiratory Protection

(1910.134) Hand Protection (29 CFR

1910.138) Bloodborne Pathogens (29 CFR

1910.1030) Hazard Communication (29 CFR

1910.1200) Recordkeeping (29 CFR part 1904)

OSHA enforcement

www.osha.gov/coronavirus

OSHA:

Typically responds to emergencies, including disease outbreaks, in a technical assistance posture.

Provides compliance assistance to employers to help ensure workers are protected.

Provides technical assistance and support to other federal agencies, as well as state/local partners.

OSHA enforcement authority

During emergency response operations, even when OSHA is operating in a technical assistance and support mode, OSHA standards remain in effect and OSHA retains its ability to enforce the OSHA standards under the OSH Act.

Enforcement of OSHA standards follows the jurisdiction in place before the emergency, such as in states operating OSHA-approved occupational safety and health programs called State Plans.

OSHA Enforcement DiscretionOSHA has provided enforcement discretion for some of its requirements, including:•Respiratory Protection standard (29 CFR 1910.134)•Other health standards with respirator requirements•Recording and Reporting Occupational Injuries and Illness (29 CFR Part 1904)

Memorandum Effective

Healthcare Respiratory Protection Annual Fit-Testing for N95 Filtering Facepieces During the COVID-19 Outbreak

March 14, 2020 -present

Enforcement Guidance for Respiratory Protection and the N95 Shortage Due to the 2019 Novel Coronavirus Disease (COVID-19) Pandemic

April 3, 2020 –present

Enforcement Guidance for Use of Respiratory Protection Equipment Certified Under Standards of Other Countries or Jurisdictions During the Coronavirus Disease 2019 (COVID-19) Pandemic

April 3, 2020 -present

Expanded Temporary Enforcement Guidance on Respiratory Protection Fit-Testing for N95 Filtering Facepieces in All Industries During the Coronavirus Disease (COVID-19) Pandemic

April 8, 2020 -present

Enforcement Guidance for Recording Cases of CoronavirusDisease 2019 (COVID-19)

April 10, 2020 -present

www.osha.gov/coronavirus

OSHA guidance

www.osha.gov/coronavirus

OSHA has developed a variety of guidance materials for workers and employers on how to stay healthy during the pandemic.

OSHA.gov/coronavirusincludes information on implementing the hierarchy of controls when workers have specific exposure risks.

Questions?

Contact Information

Scott G. ShimandleCompliance Assistance Specialist

USDOL/OSHA - Allentown Area OfficeStable Corporate Center

3477 Corporate Parkway, Suite 120Center Valley, PA 18034Phone: (267) 429-7542Direct: (267) 429-7558

Email: Shimandle.scott@dol.gov