During the first week of his presidency, President Joseph R. Biden Jr. issued several executive orders, ranging from coronavirus, to immigration, to climate change.  None of this came as a surprise, but one in particular should be on every employers' radar screen. On January 21, 2021, President Biden issued an Executive Order on Protecting Worker Health and Safety, which requires the U.S. Occupational Safety and Health Administration (OSHA) to take "swift action" to protect all U.S. workplaces from the COVID-19 pandemic by: 

  1. Issuing within two weeks "revised guidance to employers on workplace safety during the COVID-19 pandemic";
  2. Considering, within the next two weeks, whether an emergency COVID-19 standard is necessary and, if so, to implement such a standard by no later than March 15, 2021;
  3. Reviewing its current enforcement efforts, and "identify any short-, medium-, and long-term changes that could be made to better protect workers and ensure equity in enforcement";
  4. Launching a national program to focus OSHA enforcement efforts re: COVID; and
  5. Coordinating with the U.S. Department of Labor (DOL) and local OSHA offices to conduct a multilingual outreach campaign to inform workers of their rights.

The Executive Order also directs OSHA to target the worst violators on COVID-19 workplace safety, increase the number of inspectors, and develop strategies for addressing the most dangerous workplace hazards.  As increased enforcement is on the horizon, all employers should take action to get ready! 

What Should Employers Do Now?

  1. Develop (or update) a Pandemic Preparedness and Response Playbook that's tailored for your workplace, CDC guidelines, and local requirements.
  2. Be ready to prepare and conduct COVID-19 training that's acknowledged by all office workers.
  3. Create (or update) forms to protect the workforce in accordance with CDC guidelines, including but not limited to: (1) Potential Exposure Notice, (2) Safety Self-Assessment, (3) Temperature Check Consent Form (for workplaces conducting temperature checks), and (4) Policy on Social Distancing and Face Coverings in the Office. 
  4. Follow CDC guidance closely, and prominently display notice posters regarding face coverings, hand-washing, and social distancing.

Need help preparing for these workplace safety changes?  Don't worry, we are here to help!

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