On August 13, 2021, the Occupational Safety and Health Administration (OSHA) updated its COVID-19 guidance for non-healthcare employers.  The updates to OSHA’s “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace” publication follow the CDC’s July 27, 2021 updated mask and testing recommendations for fully vaccinated people.

Some key takeaways:

  • OSHA now recommends masks in indoor spaces in areas of substantial or high COVID-19 infection – even for fully-vaccinated employees and including customers and other visitors.
    • Of note, the CDC has currently designated about 94% of the country as areas of substantial or high COVID-19 infection.
    • OSHA recommends employers provide masks to employees who request them free of charge.
  • OSHA recommends that employers help facilitate employees to get vaccinated, including, for example, giving paid time off to get vaccinated and to recover from any side effects.
  • OSHA “suggests that employers consider adopting policies that require workers to get vaccinated or to undergo regular COVID-19 testing – in addition to mask wearing and physical distancing – if they remain unvaccinated.”
    • Note that employers issuing vaccination mandates must keep in mind their duties of reasonable accommodation for employees who have a medical condition or sincerely held religious belief that would preclude vaccination.
  • If a fully vaccinated employee has a known exposure to COVID-19, OSHA recommends the employee (a) get tested 3-5 days after the exposure, and (b) wear a mask in indoor spaces for 14 days or until they receive a negative test result.
  • And for employees who are not fully vaccinated with a known exposure to COVID-19, OSHA recommends (a) the employee quarantine at home, (b) be tested immediately, and (c) if negative, tested again in 5-7 days after last exposure or immediately if symptoms develop during quarantine.

OSHA guidance is not a regulation; rather, it is advisory in nature and does not have the full force of law.  Nevertheless, because employers have a general duty to protect the health and safety of their workers, following OSHA’s guidance is generally advisable.

For further information on this topic, please reach out to blog author, April Walter, at april.walter@keanmiller.com