Regulatory Update:  OSHA Extends the COVID-19 National Emphasis Program

In March of 2020, the World Health Organization (WHO) declared COVID-19 a worldwide pandemic.  As the pandemic grew within the United States, it affected and impacted the workplace in practically every industry.  Employers, specifically those having employees within high-hazard industries (e.g., healthcare, emergency response), were required by federal and state agencies to adopt certain practices to mitigate the hazards associated with COVID-19.

The Occupational Safety and Health Agency (OSHA) establishes National Emphasis Programs (NEPs) which are directives that are temporary programs in lieu of an existing standard.  This allows OSHA to focus resources on specific hazards in high-hazard industries. 

In this instance the goal of OSHA’s NEP temporary programs is to significantly eliminate and/or reduce worker exposures to COVID-19 (SARS-CoV-2) in a variety of critical industries.  “Unprogrammed COVID-19-related inspections will continue to be prioritized for worksites where employees have potential exposures to COVID-19-related hazards.”  [Reference:  Revised National Emphasis Program – DIR 2021-03 (CPL 03)]

This particular OSHA NEP was revised in July of 2021, in order to focus on industries where there was higher risk to COVID-19 exposures, such as in the meat and poultry processing industry.  It continues to cover both non-healthcare and healthcare industries, as a temporary program until a final ruling/standard is developed and instituted by the Department of Labor.  As of July 7, 2022, this OSHA NEP was set to expire.  However, due to the increased coronavirus hospitalization rates across the United States during the summer months, OSHA extended the NEP to address worker protections regarding COVID-19 workplace exposure. 

At this time OSHA is currently producing and working on an infectious disease standard, as well as a permanent standard intended to address and protect healthcare workers and other industries from COVID-19.  OSHA is planning to issue a notice of proposed rulemaking on these standards in May of 2023.  OSHA anticipates issuing its final rule on COVID-19 hazards within the workplace this month (stay tuned).  In the meantime, it is important to stay up to date with the OSHA NEPs and how the NEPs impact the workplace as it pertains to matters in litigation, which would include COVID-19 workplace exposures and its impact on the public.  Assessing these new COVID-19 related workplace hazards can be successfully accomplished by understanding the OSHA NEPs and their design.  Navigating these temporary codes and standards is achieved by engaging the right expert to evaluate the OSHA NEPs and how they may influence your incident circumstances.  Start with a Certified Industrial Hygienist and discuss their background in workplace safety relating to transmittable illness.