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Increased Inspections and Enforcement in OSHA s COVID-19 Program
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OSHA Rolls Out National Emphasis Program, But No Emergency Temporary Standard (At Least Not Yet) | Foley & Lardner LLP
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Representative image The program will aim to protect high-risk workers from coronavirus and focus on employers that retaliate against workers with safety concerns.
In response to President Biden s executive order on protecting worker health and safety, the U.S. Department of Labor s Occupational Safety and Health Administration has launched a national emphasis program focusing enforcement efforts on companies that put the largest number of workers at serious risk of contracting the coronavirus. The program also prioritizes employers that retaliate against workers for complaints about unsafe or unhealthy conditions, or for exercising other rights protected by federal law. This deadly pandemic has taken a staggering toll on U.S. workers and their families. We have a moral obligation to do what we can to protect workers, especially for the many who have no other protection, said Principal Deputy Assistant Secretary of Labor for Occupational Safety and Health Jim Frederick
336 Transportation Equipment Manufacturing
Master List 2 is a list of all establishments listed in Appendix A and B
and having an elevated illness rate based on the 2020 OSHA 300A data. OSHA Area Offices are directed to use “either list or a combination of the two lists” to meet their targeted inspection goals.
The Compliance Directive instructs that targeted inspections may begin at least two weeks after the effective date of the Directive, which was March 12. These inspections are to be conducted consistent with the “Updated Interim Enforcement Response Plan for COVID-19,” which was also issued on March 12. Under this Plan, inspections are to be conducted on site, “where practical,” but “phone and video conferencing in lieu of face-to-face employee interviews” will also continue to be used.
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As mandated by President Biden’s January 21 Executive Order, OSHA has announced a National Emphasis Program (NEP) designed to protect workers from contracting COVID-19. On March 12, 2021, OSHA announced its new national emphasis program that targets high-risk establishments in high-risk industries for programmed inspections and provides a heightened focus on employers that retaliate against employees who report or complain about unsafe working environments. In conjunction with the NEP, OSHA also issued an updated Interim Enforcement Plan to provide guidance on the policies and procedures it will employ to reduce and eliminate the risk of transmission of COVID-19 in the workplace.
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