On Friday, the Occupational Safety and Health Administration (OSHA) published new COVID Safety Guidelines. Although the recommendations are not mandatory, they may indicate the type of mandatory steps that OSHA could require under an emergency temporary standard by March 15 under President Biden’s Executive Order. Among other things, the new OSHA guidance recommends that employers:
1)
Provide free COVID vaccines (while, of course,
remembering the EEOC’s
warnings about inquiring about family medical histories in violation of
GINA during the pre-vaccine questioning);
2)
Provide all employees with cloth or other appropriate
face masks unless they are required to wear a respirator;
3)
Not distinguish between vaccinated and
unvaccinated employees with respect to safety measures;
4)
Appoint a COVID safety coordinator;
5)
Implement paid leave policies to minimize
isolation and quarantine orders and protocols; and
6)
Educate employees about COVID screenings and
tests.
NOTICE: This summary is designed merely to inform and alert
you of recent legal developments. It does not constitute legal advice and does
not apply to any particular situation because different facts could lead to
different results. Information here can change or be amended without notice.
Readers should not act upon this information without legal advice. If you have
any questions about anything you have read, you should consult with or retain
an employment attorney.
