House Democrats plan to make another push for an OSHA emergency infectious disease standard in their next round of COVID-19 legislation, with the top lawmaker on the labor committee arguing that a binding standard is necessary for states to responsibly reopen nonessential businesses.
A federal district court judge has dismissed a lawsuit by worker safety advocates aiming to require a meatpacking plant to apply OSHA guidance for reducing exposures to COVID-19, but advocates are already pursuing a formal rulemaking petition seeking to force the agency to issue an emergency standard for such facilities.
OSHA is ramping up its issuance of sector-specific guidelines for how a host of businesses including dentists, food and beverage providers, meatpacking plants and others can tackle workplace risks of COVID-19, though agency critics continue to push for binding emergency standards they say would better help reduce those risks.
Labor Secretary Eugene Scalia is rejecting the AFL-CIO’s criticism that OSHA is “missing in action” on responding to the COVID-19 pandemic because it has not issued an emergency temporary standard to protect health care workers and several other measures, with Scalia defending a host of voluntary OSHA responses to the crisis.
President Donald Trump’s executive order (EO) using the Defense Production Act to keep meat and poultry processors operating to maintain food supplies during the coronavirus pandemic is prompting legal and political pressure to enforce OSHA’s voluntary guidelines for protecting workers at the facilities who are at high risk of exposure.
OSHA has issued guidance for how meatpacking facilities -- a major new source of coronavirus infections -- can help protect workers from exposure, including screening employees and using social distancing in the workplace, but critics say the guide is just the latest non-binding advice the administration is providing in lieu of necessary rules.
House and Senate Democrats have introduced companion bills that would force OSHA to quickly issue an emergency temporary standard mandating infectious disease exposure control plans in all workplaces to protect against COVID-19, expanding on an earlier bill that sought to establish the swift standard primarily for healthcare workers.
Attorneys representing employers are warning California businesses to pay special attention to complying with Cal/OSHA rules implicated in the COVID-19 emergency, including those covering injury and illness reporting, “aerosol transmissible disease,” and general reporting, pointing out that the state’s rules often go beyond federal requirements.
OSHA is promising to exercise “discretion in enforcement” if employers are unable to comply with various testing, training, inspection and other safety mandates due to the COVID-19 pandemic, writing in a new memo that there will be no penalties for those violations as long as businesses make “good faith” attempts to comply.
OSHA, former Vice President Joe Biden and worker advocates are floating separate efforts to protect delivery workers from the threat of coronavirus, including new “tips” from OSHA to protect such workers and Biden calling for new agency policies to better protect delivery workers in addition to health care employees.