The Occupational Safety and Health Administration has issued interim guidance to advise compliance safety and health officers to evaluate an employer’s good faith efforts to comply with safety and health standards during the coronavirus pandemic, according to www.osha.gov.
Current infection control practices may limit the availability of employees, consultants or contractors who typically provide training, auditing, equipment inspections, testing, and other essential safety and industrial hygiene services. Business closures and other restrictions may also preclude employee participation in training if trainers are unavailable, and access to medical testing facilities may be limited or suspended.
During an inspection, compliance safety and health officers should assess an employer’s efforts to comply with standards that require annual or recurring audits, reviews, training or assessments. Officers should evaluate whether the employer explored all options to comply with applicable standards; implemented interim alternative protections, such as engineering or administrative controls; and rescheduled required annual activity as soon as possible.
Employers unable to comply with OSHA requirements because local authorities required the workplace to close should demonstrate a good faith attempt to meet applicable requirements as soon as possible following the reopening of the workplace. OSHA will take employers’ attempts to comply in good faith into strong consideration when determining whether it cites a violation.
This guidance takes effect immediately and remains in effect until further notice; it is time-limited to the current public health crisis. View OSHA’s interim guidance.
As mentioned during NRCA’s recent town hall call, contractors are encouraged to develop and implement office and job-site hazard assessments and abatement plans for ongoing work. This is always a good idea but particularly so during the current situation. NRCA has COVID-19-related toolbox talks and other resources available on its website, www.nrca.net, to assist with these efforts.
