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U.S. Department of Labor Considers Employer’s Good Faith Efforts When Enforcing Compliance during Coronavirus Pandemic

Apr 24, 2020

The ongoing COVID-19 pandemic has caused a significant amount of turmoil across virtually every facet of life in America and around the world. While adjustments and adaptations have become necessary, some things cannot be ignored or overlooked. Employee safety is one of these.

Though workplace conditions may be somewhat different, an employer’s responsibility to provide a safe and healthy work environment remains. Some things may be out of an employer’s control in terms of providing timely safety training and screening. However, OSHA has issued guidelines based on an employer’s good faith efforts to comply with standards even during the pandemic.

If your company undergoes an OSHA inspection, it is critical that you demonstrate that your health and safety managers did everything possible to ensure that OSHA standards were met. According to a recent U.S. Department of Labor news release, companies will be measured based upon the following criteria:
  • The employer explored all options to comply with applicable standards (e.g., use of virtual training or remote communication strategies);
  • The employer implemented interim alternative protections, such as engineering or administrative controls; and
  • The employer rescheduled required annual activity as soon as possible.

Employers unable to comply with OSHA requirements because local authorities required the workplace to close should demonstrate a good faith attempt to meet applicable requirements as soon as possible following the re-opening of the workplace. 

Despite the challenges created by COVID-19, the employee safety remains vitally important, and OSHA will continue to safeguard working conditions. Despite the challenges inherent in a pandemic, they are not viewed as acceptable reasons to overlook employee rights. It is incumbent upon employers to take all possible courses of action to protect employees and meet OSHA’s requirements. 

The OSHA new release can be accessed with the following link, visit https://content.govdelivery.com/accounts/USDOL/bulletins/2870e3f 

OccuFit stands ready to serve employers with on-site testing to ensure your company stays compliant with audiometric and respirator surveillance testing. Contact OccuFit today and let our team work with you to help you take the necessary steps during this unprecedented time.
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