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OSHA Revises its National Emphasis Program for Safer Precautions Against COVID-19 -- Occupational Health & Safety
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OSHA Revises National Emphasis Program, and Updates Interim Enforcement Response Plan for COVID-19 | Seyfarth Shaw LLP
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Recent OSHA Update Targets Restaurant Industry Friday, May 7, 2021
Occupational Safety and Health Administration (OSHA) has recently updated its COVID-19 response plan. Last year, OSHA focused much of its COVID-19 related attention on healthcare, elderly care, and prisons. This new Updated Interim Enforcement Response Plan for COVID-19 and National Emphasis Program Coronavirus Disease 2019 (COVID-19) guidance shifts its focus to other industries where OSHA feels there could be spread of COVID-19. As part of the guidance, OSHA specifically targeted full-service and limited-service restaurants for inspections.
Restaurants should be prepared for on-site or virtual OSHA inspections. To prepare, restaurants should:
Ensure all OSHA recordkeeping (OSHA 300, 300A, and 301s) is in order and up to date.
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On March 12, 2021, the Occupational Health and Safety Administration (OSHA) took two major steps in the COVID-19 battle: it enacted a COVID-19 National Emphasis Program (NEP) and an Updated Interim Enforcement Response Plan for Coronavirus 2019 (ERP). OSHA acted while employers await what pundits believe to be an imminent COVID-19 Emergency Temporary Standard. OSHA’s enforcement of the COVID-19 NEP and ERP began on March 25, 2021.
OSHA’s increased activity is fueled by passage of the American Rescue Plan (CARES Act III), which earmarked $100 million for OSHA and requires the agency to spend at least $5 million on COVID-19 enforcement activities.
Tuesday, May 4, 2021
In contrast from the past year during which OSHA focused its resources on the healthcare industries, OSHA issued detailed guidance on conducting COVID-19 inspections with the restaurant industry both full-service and limited-service specifically on OSHA’s target list to conduct programmed inspections. This means OSHA can show up unannounced and declare it will be conducting a COVID-19 inspection of a restaurant if that establishment is on the target list generated by the agency.
Restaurants should proactively prepare for on-site OSHA inspections based on this updated guidance and renewed interest on the industry by doing the following:
Review all recording and reporting of occupational injuries and illness practices on the OSHA 300 Injury and Illness Log.
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