New OSHA Guidance – All Indoor Workers Wear Masks in “High” or “Substantial” Transmission Areas
by Erik Cansler
As of August 13, 2021, OSHA[1] recommends all workers--even those fully vaccinated--should wear masks indoors in areas of "high" or "substantial" community transmission rates.[2]
OSHA encourages employers to adopt policies requiring either vaccination or regular COVID testing for unvaccinated employees. Unvaccinated employees should wear masks and practice physical distancing.[3] Employers should take additional steps to mitigate the spread of COVID-19 among unvaccinated or otherwise at-risk workers due to the following types of workplace environmental factors, especially in locations of substantial or high transmission:[4]
· Close contact – where unvaccinated and otherwise at-risk workers work near one another, for example, on production or assembly lines or in busy retail settings. Such workers may also be near one another when clocking in or out, during breaks, or in changing rooms.
· Prolonged contact – where unvaccinated and otherwise at-risk workers often have prolonged closeness to coworkers (e.g., for 6–12 hours per shift).
· Inadequately-ventilated spaces – where unvaccinated and otherwise at-risk workers may be exposed to the infectious virus through respiratory particles in the air when infected workers cough or sneeze in factory, retail, or office settings with poor ventilation.[5]
Takeaway
Under OSHA, employers also have a duty to provide a safe and healthy workplace free from recognized hazards likely to cause death or serious physical harm.[6] OSHA reviews its COVID-19 Healthcare Emergency Temporary Standard every 30 days;[7] the attorneys at Campbell Litigation, P.C. are ready to help employers and managers stay informed about changes in workplace safety guidance and regulations. Call us today at (303) 536-1833.
[1] The Occupational Safety & Health Administration (OSHA) of the U.S. Department of Labor.
[2] “U.S. Department of Labor issues updated guidance on protecting unvaccinated and other at-risk workers from the coronavirus,” August 13, 2021 (https://www.osha.gov/news/newsreleases/trade/08132021). For community transmission rate data, see https://covid.cdc.gov/covid-data-tracker/#county-view.
[3] Id.
[4] “Appendix: Measures Appropriate for Higher-Risk Workplaces with Mixed-Vaccination Status Workers” (https://www.osha.gov/coronavirus/safework ).
[5] See “OSHA Alert: COVID-19 Guidance on Ventilation in the Workplace” (https://www.osha.gov/sites/default/files/publications/OSHA4103.pdf )
[6] https://www.osha.gov/laws-regs/oshact/section5-duties.
[7] OSHA news release, August 13, 2021, supra n. 2.