OSHA watch

COVID-19 - Federal
Guidance issued on frequently cited standards in COVID-19 inspections

Guidance and an accompanying one-pager help employers understand which standards are most frequently cited during coronavirus-related inspections. The guidance document provides available resources that address the most frequently cited standards, including Respiratory Protection, Recording and Reporting Occupational Injuries and Illnesses, Personal Protective Equipment, and the General Duty Clause.

The one-pager provides examples of requirements that employers have failed to follow. Some examples include:

Provide a medical evaluation before a worker is fit tested or uses a respirator
Establish, implement, and update a written respiratory protection program with required worksite-specific procedures
Educate workers on how to safely use respirators and/or other PPE, and inform them of changes in the workplace that could make previous training obsolete
Keep records of work-related fatalities, injuries, and illnesses

Respiratory protection guidance for long-term care facilities

Respiratory protection guidance for those working in nursing homes, assisted living, and other long-term care facilities was recently issued. The guidance focuses on the use of respirators and emphasizes a primary reliance on engineering and administrative controls for controlling exposures.

New frequently asked question addresses cloth face-coverings as personal protective equipment

In light of new CDC guidance that cloth face coverings provide some protection for wearers, a new FAQ addresses whether OSHA considers cloth face-coverings to be personal protective equipment. The answer is no, it does not believe enough information is currently available to determine if a particular cloth face-covering provides sufficient protection from the coronavirus hazard to be personal protective equipment.

Safety alert focuses on workplace ventilation

Aimed at ensuring proper ventilation in indoor workplaces amid the COVID-19 pandemic, a new safety alert lists measures employers and building managers should take.

Wellness bulletin developed with the Electrical Transmission and Distribution Partnership

A wellness bulletin is aimed at protecting workers from seasonal flu and COVID-19.

Employers reminded to protect workers during the holiday season

As the nation enters a very different holiday shopping season, employers must ensure that all workers are trained to recognize job hazards and incorporate safe work practices to prevent exposure to the coronavirus.

More resources

Non-COVID-19 - Federal
Reminder of resources available to protect against cold stress and winter hazards

Cold stress

Winter hazards

COVID-19 - State OSHA
Cal/OSHA adopts emergency temporary standard

The temporary standards will be binding and enforceable against nearly all California employers and became effective November 30, 2020. The new standards do not apply to employees when covered by the Aerosol Transmissible Diseases standard, which applies to work at certain healthcare facilities, laboratories and a limited number of other employers. Additionally, the new standards do not cover employees who work from home or employers with only one employee if the employee has no contact with others.

The standard requires employers to have a written COVID-19 prevention plan (CPP) that includes systems for employees to report symptoms, identification of hazards, including interactions and activities that could pose exposure hazards for workers, a process for investigating positive cases, contract tracing, and the requirement that workers who have potentially been exposed be notified within one business day. Employers are required to pay for face-coverings and testing for workers potentially exposed to COVID-19 at the workplace, to develop a hazard abatement plan, and to ensure six feet of distance between workers unless the employer can prove that it is not possible, and to train workers about COVID-19, personal protective equipment, and hygiene.

While guidance and FAQs are expected soon, it behooves employers to understand the requirements and begin creating a complaint CPP.

MIOSHA releases interim enforcement plan for COVID-19 policies

MIOSHA released an interim enforcement plan, for the emergency standard adopted in October, establishing agency policies and procedures for investigating hazards.

MIOSHA emphasis programs related to COVID-19 on manufacturing and construction

In a news release issued Nov. 20, MIOSHA announced it will enhance its focus on workplace safety in the construction and manufacturing industries through two State Emphasis Programs (SEP) to ensure compliance with workplace safety rules helping to mitigate COVID-19 transmission. The SEPs will be in effect through Feb. 8, 2021.

MNOSHA releases FAQs

Oregon OSHA enacts emergency temporary standard

As expected, Oregon enacted an emergency temporary standard, effective Nov. 16. The rule lays out multiple requirements for employers, including:

Designing workplaces and job tasks so employees can maintain 6 feet of distance from others
Providing masks, face-coverings, or face shields for workers and ensuring all individuals wear them
Seeking feedback from employees to conduct a risk assessment of potential worker exposure to COVID-19
Creating an infection control plan
Notifying affected workers within 24-hours of a work-related COVID-19 infection
Cooperating with public health officials should workplace testing be necessary

The agency will phase in certain elements of the rule, which is expected to remain effective until May 4.

Recent fines and awards

COVID-19-related citations
Federal

As of Nov. 26, 255 establishments were cited for violations relating to coronavirus, resulting in proposed penalties totaling $3,403,139. Fines have ranged from under $2,000 to over $32,000 and continue to be concentrated in the health care industry.

A list of all coronavirus-related issued citations can be found here.

Cal/OSHA

Between Nov. 1 and Nov. 13, seven citations were issued, totaling over $327,000 in penalties. For all COVID-19 related citations

Nevada OSHA

Complaint, referral log and citation detail

Non-COVID-19 related citations
Alabama

Automobile parts manufacturer, ALJoon LLC, operating as Ajin USA of Cusseta, pleaded guilty to a charge of a willful violation and agreed to pay $500,000 in fines and restitution of $1 million to the family of a worker who was crushed to death in June 2016 at the company's plant in Cusseta.

California

Lineage Logistic (Preferred Freezer Llc "Big Bear") of Los Angeles is contesting violations of $73,300 related to hazard materials, respiratory protection, and hazardous waste.
Gabilan Oaks, LLC of Salinas is contesting fines of $50,900 for violations relating to general industry accident prevention program, haulage vehicles, and earthmoving equipment.

Florida

An administrative law judge of the Occupational Safety and Health Review Commission (OSHRC) rejected the argument of employee misconduct and affirmed a repeat citation issued to Turner Construction Inc. of Naples for failing to provide fall protection to a worker. The judge reduced the fine to $10,210, citing the small size of the company.

Illinois

Maguire Iron of Brimfield has reached an informal settlement reducing penalties to $40,000 from $53,785 for violations relating to scaffolds, fall protection, and roof widths.

Massachusetts

Table Top Pies of Worcester faces initial penalties of $40,482 for violations of the general industry, hazard communication, and general duty standards.
OSHRC found that MPS Products Corp. violated fall protection rules, not the General Duty Clause, when workers were seen at a worksite not properly using their harnesses. While the company had a safety rule, it was not adequately enforced, and a fine of $5,070 was assessed.

North Carolina

Louie Cathey of Gastonia, roofing contractors, faces initial penalties of $79,600 for a willful violation of fall protection standard and repeat violations related to training and ladders.