On March 12, 2021, the Occupational Safety and Health Administration (OSHA) launched a National Emphasis Program (NEP) that signaled a new enforcement agenda, targeting establishments in industries that have an increased potential for employee exposure to the Coronavirus 2019 (COVID-19) disease, including healthcare institutions. NEPs are temporary programs that focus OSHA’s resources on particular hazards.
Employers should particularly take heed of the increased funding to OSHA for enforcement actions, which could indicate a potential increase in the number of audits and inspections, as well as additional scrutiny of whistleblower claims. The ARP also extends voluntary COVID-related paid leave benefits, so eligible employers need to consider whether they will continue to offer these benefits on a voluntary basis.
Finally, employers should note that the ARP extends unemployment benefits, provides for COBRA subsidies, and delivers a new round of direct payments to Americans. Absent from the final law is a hike in the minimum wage, a paid leave mandate, and the elimination of the tip credit, which was part of the original bill.
Areas Covered in the Session:-
Why Should You Attend?
The National Emphasis Program (NEP) provides a formalized structure for OSHA to implement inspections, including unprogrammed, programmed, and follow-up inspections, in workplaces where employees have a high frequency of potential COVID-19 exposures. Since the start of the pandemic, OSHA has handled most enforcement work remotely, without in-person inspections. Under the NEP, more inspections will involve on-site visits.
All employers, particularly those in what OSHA considers to be high-risk industries, should be prepared for the heightened OSHA enforcement activity related to COVID-19 exposures to avoid fines, penalties, and criminal sanctions.
The federal Occupational Safety and Health Administration (OSHA) has adopted an Updated Interim Enforcement Response Plan for Coronavirus Disease (ERP). Now, as states begin reopening their economies, the revised ERP will “ensure employers are taking action to protect their employees.”
Who Should Attend?