There is no doubt that COVID-19 has placed an incredible burden on businesses. Because of COVID-related concerns, many workplaces have struggled to stay financially sound and have had to address the need to keep their customers safe from the SARS-CoV-2 virus (COVID-19 or coronavirus). Equally important, however, is the need to protect workers. This article summarizes the steps needed to protect workers in non-healthcare workplace settings.
The Occupational Safety and Health Administration (OSHA) has recently released a guidance document that addresses COVID-19 protections in non-healthcare worksites. The guidance helps businesses plan for the risks of workers being exposed to and contracting COVID-19 in workplace settings. The recommendations were published on January 29, 2021.
According to recent guidance, employers should take the following steps to protect workers from the COVID-19 virus:
- Assign a workplace coordinator responsible for COVID-19 at work
- Identify where and how workers might be exposed in the workplace
- Using a hierarchy of controls, identify measures to limit the spread of COVID-19 in the workplace
- Consider protections for workers at a higher risk of severe illness
- Establish a system of communication
- Educate and train workers on COVID-19 policies and procedures
- Provide instructions for isolation or quarantine for workers who are infected or potentially infected
- Take steps to minimize the negative impact of quarantine and isolation
- Isolate workers demonstrating symptoms at work
- Perform cleaning and disinfection when a person with a suspected or confirmed COVID-19 case has been in the workplace
- Provide workers with guidance on screening and testing
- Record and report COVID-19 infections and deaths
- Protect workers from retaliation for voicing concerns about COVID-19-related hazards; set up an anonymous process for workers to voice their concerns
- Provide a COVID-19 vaccine or vaccination series to workers at no cost to all eligible employees
- Do not make distinctions between vaccinated and unvaccinated workers
- Follow other applicable OSHA standards
1. Assign a Workplace Coordinator Responsible for COVID-19 at Work
As part of their COVID-19 prevention plan, employers should designate an employee to be the COVID-19 workplace coordinator. This person should act on the employer’s behalf to address COVID-19-related issues.
2. Identify Where and How Workers Might Be Exposed at Work
Employers should try their best to identify how their workers could potentially be exposed to COVID-19 in the workplace. A thorough hazard assessment should be carried out to identify workplace hazards related to COVID-19.
The OSHA guidance states the assessment will be most effective if workers and their representatives are involved. After all, they are the most familiar with the workplace environment and the hazards they face.
3. Using a Hierarchy of Controls, Identify Measures to Limit the Spread of COVID-19 in the Workplace
A central component of an employer’s workplace implementation plan is the identification of measures that will limit the spread of COVID-19 on the job site. The OSHA recommendations include a long list of items that should be identified using “the principles of the hierarchy of controls.” Control measures should be prioritized from most to least effective.
Measures used for this identification stage “should include a combination of eliminating the hazard, engineering controls, workplace administrative policies, personal protective equipment (PPE), and other measures[.]”
Examples of measures that will limit the spread of COVID-19 in the workplace setting include:
- Sending home infected or possibly infected employees
- Employing physical distancing in all communal work areas (including those employees working remotely or via telework)
- Installing physical barriers if physical distancing is not possible or reasonable
- The use of face coverings to reduce the spread of the virus
- Making improvements to ventilation
- Protecting workers by supplying personal protective equipment (PPE)
- Providing supplies for good hygiene practices
- Routinely cleaning and disinfecting the workplace premises
4. Consider Protections for Workers at a Higher Risk of Severe Illness
Employers need to protect employees who are at a higher risk of severe illness.
Studies have definitively shown that some individuals are at a higher risk of severe illness from a COVID-19 infection. Individuals included in this group include older persons and individuals of any age with serious underlying health conditions.
For a complete list of individuals at risk of severe illness from a COVID-19 infection, visit the Centers for Disease Control and Prevention (CDC) website about people with certain medical conditions.
Also, individuals with disabilities will be protected under the Americans with Disabilities Act (ADA). These employees may be legally entitled to reasonable accommodations to ensure their safety from a COVID-19 infection.
If possible, employers should provide these high-risk employees with reasonable modifications to their workplace setting. Examples of reasonable workplace modifications include allowing the employee to work remotely in a less densely occupied worksite or providing the employee with a workspace in another location or a location with better ventilation.
5. Establish a Communication System
Similar to all forms of employee relations, communication is very important. Employers should communicate with employees in a manner and language they understand.
The communication system must allow workers to communicate and report COVID-19 information to their employers without fear of reprisals. This includes employee communications to employers about any symptoms they may have, possible COVID-19 exposures, and possible workplace settings that create a COVID-19 exposure hazard.
Federal law prohibits employer retaliation or discrimination against employees for reporting illnesses or unsafe work conditions. It is a violation of 11(c) of the OSH Act to retaliate or discriminate against an employee for reporting concerns about unsafe working conditions or for reporting an infection or exposure to COVID-19. Beyond the OSH Act, other federal regulations also prohibit discrimination against an employee for reporting a work-related illness.
Communications should be clear and understandable. They should also be provided in an accessible manner for individuals with disabilities.
A two-way communication system — one involving communications from both workers and employers — is considered a best practice by OSHA. Workers can use the system to self-report about illness or exposures. Employers can use the system to provide notice to employees of possible exposures, the need for cleaning and disinfecting, or business closures.
6. Educate and Train Workers on COVID-19 Policies and Procedures
To reduce the possibility of COVID-19 infections in the workplace, employers need to educate and train their workers on applicable COVID-19 policies and procedures.
Clear and Frequent Communications. Employers should communicate COVID-19 information clearly and frequently. Plain language text should be used to make the information as clear as possible.
Accessible Formats. Information needs to be provided using accessible communication methods. For example, if workers are disabled, the educational materials should be in an accessible format appropriate for their disability. For example, American Sign Language formats may be necessary for workers who are deaf.
Language. Education and training materials should be in languages that are understandable to workers. For example, if applicable, they should be in non-English languages.
Use Multiple Methods for Multiple Worker Types. Most businesses have workers at various levels (e.g., managers, staff, contractors, volunteers, etc.) The educational materials need to be styled and directed to the various worker types present at the workplace setting.
According to OSHA, the educational and training communications need to include the following:
- Basic information about COVID-19. For example, the information should educate workers about how it is spread, the importance of social distancing, the use of masks and other face coverings, and the need for handwashing.
- Information about the workplace policies and procedures aimed at protecting workers from COVID-19 hazards
- Tracking information
- Worker rights. Workers should be educated about their rights to a safe the healthy workspace. They should be provided with contact information for voicing their questions or concerns about COVID-19 safety. And they should be told about their right to voice their concerns without fear of retaliation.
- Information for supervisors and managers about workplace flexibility; information about other human resource policies and procedures
7. Provide Instructions for Isolation or Quarantine for Workers Who Are Infected or Potentially Infected
To prevent or reduce the risk of COVID-19 infections among workers, employers should tell workers who are infected (or potentially infected) to stay home and to isolate or quarantine. These policies and communications should be non-punitive. Workers should not be made to believe that they should come to work when they are sick or have had exposures to COVID-19.
8. Take Steps to Minimize the Negative Impact of Quarantine and Isolation
To minimize the negative impact that isolation or quarantine may have on workers, employers should allow employees to work by telework or work away from other workers. If these alternatives are not possible, workers should be allowed to use paid sick leave if it is available. If paid sick leave is not currently available, employers should consider implementing a paid sick leave policy.
The federal Families First Coronavirus Response Act may give tax credits if the employer has provided employees with paid sick leave or expanded family and medical leave for COVID-19-related purposes.
9. Isolate Workers Demonstrating Symptoms at Work
Employees reporting to work with the appearance of COVID-19 symptoms should immediately be separated from other individuals (other workers, staff, visitors, customers, etc.) and be advised to return home. They should also be told to seek medical attention.
10. Perform Cleaning and Disinfection When a Person with a Suspected or Confirmed COVID-19 Case Has Been in the Workplace
The CDC has cleaning and disinfection recommendations if someone in the workplace is suspected or confirmed to have COVID-19.
These recommendations include:
- Closing areas that were occupied by the possibly infected person for enhanced cleaning
- Increasing air circulation by opening outside doors and windows
- Wait for a period of time before cleaning and disinfecting. At least 24 hours is optimal.
- Clean and disinfect all work areas and equipment that were used by the potentially infected person
- Once the space is unoccupied, the area should be vacuumed with a vacuum that has a high-efficiency particular are (HEPA) filter.
- Workers responsible for cleaning the area should be provided with gloves and additional PPE (safety glasses, goggles, aprons) depending on the cleaning and disinfecting products used.
- Once the area is cleaned, it should be disinfected with an EPA-registered disinfectant on List N: Disinfectants for use against SARS-CoV-2.
- OSHA standards for hazard communication and appropriate PPE for cleaning chemicals should be followed. See 29 CFR 1910.1200, 1910.132, 1910.133, and 1910.138.
The workplace area can be opened for use once it has been cleaned and disinfected. The area can be used again, and workers who did not have close contact with the potentially infected worker can return to the affected setting.
If more than seven days have elapsed since the infected person was in the workplace, additional cleaning and disinfection is not necessary. However, routine cleaning and disinfection should continue.
11. Provide Workers with Guidance on Screening and Testing
OSHA recommends that employers follow state or local guidelines for COVID-19 screening and testing in workplaces. Workplace testing can be set up through a company’s occupational health provider, or, in the alternative, employers can consult with the local or state health department for guidance.
Employers should communicate with workers about the workplace testing requirements if there are any. Available testing options should be described.
The CDC has guidance materials describing the appropriate use of testing in non-healthcare workplaces. The CDC strategy incorporates SARS-COV-2 viral testing into a company’s COVID-19 preparedness, response and control plan.
12. Record and Report COVID-19 Infections and Deaths
COVID-19 is a recordable illness under OSHA, and OSHA has strict recordkeeping requirements. OSHA provides guidance about how employers are to record COVID-19 cases of occupational illnesses pursuant to federal regulations.
More specifically, employers are responsible for recording work-related COVID-19 illness cases on their recordkeeping logs (Form 300 logs) if the following conditions are met:
- The illness is confirmed as a COVID-19 case
- The case is work-related as defined under federal regulations
- The case has one or more of the relevant recording criteria (for example, medical treatment, days away from work, and death)
Furthermore, employers must follow the federal OSHA reporting requirements when there is a hospitalization or fatality as a result of a work-related incident. This would include those due to COVID-19 infections.
Outbreaks occurring on worksites should be reported to the local or state health department as required by the state.
13. Protect Workers from Retaliation for Voicing Concerns about COVID-19-Related Hazards
As discussed above, it is a violation of 11(c) of the OSH Act to retaliate or discriminate against an employee for reporting concerns about unsafe working conditions or for reporting an infection or exposure to COVID-19 to an employer or OSHA.
“Employers may not discriminate against employees for raising a reasonable concern about infection control related to COVID-19 to the employer, the employer’s agent, other employees, a government agency, or to the public, such as through print, online, social, or any other media; or against an employee for voluntarily providing and wearing their own personal protective equipment, such as a respirator, face shield, gloves, or surgical mask.”
https://www.osha.gov/coronavirus/safework
To make sure they do not run afoul of these OSHA requirements, employers should consider the following:
- Ensure that workers know whom to contact with their specific questions or concerns about the safety and health of the workplace
- Educate workers about prohibitions against retaliation for voicing workplace safety and health concerns or other protected occupational health and safety activities
- Consider the use of a hotline or method for workers to speak out about their concerns anonymously.
14. Provide a COVID-19 Vaccine or Vaccination Series to Workers at No Cost to All Eligible Employees
The new OSHA guidance document recommends that employers should make COVID-19 vaccines or vaccination series available to eligible employees at no cost. They should also provide information to employees about the benefits and safety of those vaccinations.
The CDC has information addressing questions about COVID-19 vaccinations. It also provides resources for locating the health department and Vaccination Hub Providers for more information about obtaining the vaccine.
15. Treat Vaccinated and Unvaccinated Workers the Same
Once employees receive COVID-19 vaccinations, it is important treat them the same as un-vaccinated employees. All workers should follow protective measures whether they have received a vaccination or not. This includes wearing face masks, practicing social distancing, and similar protections. There is still much to be learned about COVID-19 transmission. There is insufficient evidence at this time about whether vaccines prevent transmission of the virus.
16. Follow Other Applicable OSHA Standards
Numerous other federal OSHA standards apply to protecting workers from infections on the job site. Although there is not an OSHA COVID-19 specific standard at this time, employers are still required under the OSH Act General Duty Clause “to provide a safe and healthful workplace that is free from recognized hazards that can cause serious physical harm or death.”
References and Additional Resources
Employers are encouraged to frequently visit OSHA’s webpage for updates about COVID-19 in the workplace.
United States Department of Labor. Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace. January 29, 2021.
United States Department of Labor. Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19). May 19, 2020.
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