An executive order signed by President Biden on January 21 was designed to further protect the health and safety of workers from COVID-19. As a result, the Occupational Safety and Health Administration (OSHA) unveiled its national emphasis program (NEP) on March 12. The policies and procedures outlined in the NEP are effective immediately but for no more than 12 months unless canceled or extended by a superseding directive.

The goal of this NEP is to significantly reduce or eliminate worker exposures to SARSCoV-2 (COVID) by targeting industries and worksites where employees may have a high frequency of close contact exposures, and therefore controlling the health hazards associated with such exposures. This goal will be accomplished by a combination of inspection targeting, outreach to employers and compliance assistance. OSHA’s goal is to continue performing a high percentage of COVID-19 inspections (at least 5%) of each region’s total assigned inspection goal, focusing its resources on workplace exposures to COVID in certain critical industries until further notice.

OSHA anticipates that the majority of the inspections will continue to occur in general industry, particularly in health care, based on current OSHA enforcement data showing higher COVID-19-related complaints, referrals and severe incident reports at health care worksites. Health care is the primary target of the NEP, but the NEP also includes two lists of North American Industry Classification System (NAICS) codes in general industry in which the highest number of workers are expected to perform tasks associated with exposure to COVID. The classifications include: offices of physicians and dentists; hospitals; facilities for nursing care, assisted living and retirement; home health care services; ambulance services; meat and poultry processing; grocery stores; discount department stores; general warehousing and storage; restaurants; correctional institutions; and temporary help services.

For further information: Ogletree Deakins’s summary written for The National Law Review; the OSHA directive.

Resource: Greg Ellis at (317) 264-6881 or email: gellis@indianachamber.com