Return to WorkCOVID-19 and OSHA

By: William J. Wahoff

Steptoe & Johnson PLLC

Presenters

William J. Wahoff• Fellow, The College of Labor &

Employment Lawyers

• U.S. Chamber OSHA Committee

• ABA, L&E Section, Occupational Safety & Health Law Committee Active Member for 26 years

• ABA OSH Law Treatise Editor

• OSHA Authorized 10 & 30 Hour General Industry Course Trainer

• Listed in The Best Lawyers in America and Super Lawyers

• Licensed in Ohio and Texas

bill.wahoff@steptoe-johnson.com614-456-1654

Presenters

Nelva J. Smith • American Bar Association, Labor & Employment Law Section, Occupational Safety & Health Law Committee Active Member for 11 years

• ABA OSH Law Treatise Editor

• National OSHA Practice

• Licensed in Ohio

nelva.smith@steptoe-johnson.com614-456-1654

OSHA PlanCategorize-Assess-Prescribe

• Categorize Worksite into Lower Risk, Medium, High, Very High

• Assess Job Risks of the Worksite and Anticipate Business Needs

• Prescribe Necessary Changes to the workplace

• Engineering, administrative, work practice, PPE in order

• Policies

• Sector/Industry Protocols:• OSHA Checklists/Guidance• State Health Dept.

Checklists• CDC Guidance/Protocols• Trade groups• EPA/CDC Cleaning Guidance• NIOSH

• Document the Infectious Disease Preparedness and Response Plan & Train Workers

EngineeringAdministrative&Work Practice

Controls& PPE

POLICIES

PROTOCOLS

OSHA PlanCategorize

• Categorize Worksite into Lower Risk, Medium, High, Very High

• Lower Risk: Tasks that allow workers to remain 6 feet apart and have little contact with the public, workers from other companies, vendors, customers

• Medium Risk: Tasks that require workers to be within 6 feet of one another; tasks that require workers to be within 6 feet of customer, visitors, members of the public or workers from other companies on multi-employer work sites not known or suspected to have COVID-19 disease

• High and Very High Risks: Health care workers, EMTs, Nurses

• Document the Infectious Disease Preparedness and Response Plan & Train Workers

EngineeringAdministrative&Work Practice

Controls& PPE

POLICIES

PROTOCOLS

OSHA PlanAssess Hazards

• Categorize Worksite into Lower Risk, Medium, High, Very High

• Lower Risk: Tasks that allow workers to remain 6 feet apart and have little contact with the public, workers from other companies, vendors, customers

• Medium Risk: Tasks that require workers to be within 6 feet of one another; tasks that require workers to be within 6 feet of customer, visitors, members of the public or workers from other companies on multi-employer work sites not known or suspected to have COVID-19 disease

• High and Very High Risks: Health care workers, EMTs, Nurses

• Document the Infectious Disease Preparedness and Response Plan & Train Workers

EngineeringAdministrative&Work Practice

Controls& PPE

POLICIES

PROTOCOLS

Offices: screening, distancing, face coverings, common areas, remote work is possibleGas extraction industry:

Site preparationWell ConstructionWell Site Completion and

MaintenancePiping & ProcessingWater ManagementTransportation & Logistics

Remote work for support functions

OSHA PlanAssess Hazards

• Categorize Worksite into Lower Risk, Medium, High, Very High

• Lower Risk: Tasks that allow workers to remain 6 feet apart and have little contact with the public, workers from other companies, vendors, customers

• Medium Risk: Tasks that require workers to be within 6 feet of one another; tasks that require workers to be within 6 feet of customer, visitors, members of the public or workers from other companies on multi-employer work sites not known or suspected to have COVID-19 disease

• High and Very High Risks: Health care workers, EMTs, Nurses

• Document the Infectious Disease Preparedness and Response Plan & Train Workers

EngineeringAdministrative&Work Practice

Controls& PPE

POLICIES

PROTOCOLS

“Regular” Risks: Vehicle AccidentsFrequent ChangesHeavy Equipment: drilling rigs, field equipment, high pressure hoses and other gas systemsStruck by, Caught by, Caught BetweenExplosions and FiresHeights -- FallsConfined SpacesChemical Exposures, H2S Gas, Silica, etc.Ignition of Vapors by mobile engines and auxiliary motors, ETC.!

And Now COVID-19!

General Duty Clause 5(a)(1):Employers must provide Each Worker a Place of Employment and Employment free from recognized Hazards likely to cause serious injury or death

Proximity to Others within 6 feetUnpredictable Movements of Workers in critical situationsMany other companies in and out of sites, especially delivery

personnelMoving sites frequentlyDifferent workers using the same equipment or toolsSchedule – workstations -- shiftsTrailers - people 6 feet apart? Desks? Keyboards? Papers?Some current use of respirators – typically not considering

infectious diseaseMeetings: Talking can produce droplets as well as coughing

and sneezingEmployee/Contractor/Vendor/ Supplier skepticism/resistance

SARS-CoV-2Virus Hazards

ControlsTraining

• What is novel coronavirus SARS-CoV-2 that causes COVID-19 disease?

• What are the transmission methods?

• What does the disease do when it becomes severe?

• How can face coverings, 6 ft. distancing, hand hygiene make it less likely the employee will contract the disease?

Site controls

• Building access and worksite access – limitations

• Markings/Barriers

• Signage – content/locations

Personnel

• Screening

• Hand sanitizer, aka “Alcohol Based Hand Rubs” (ABHR)

• Face coverings

To and From Work

At Work

Health & Safety Policies and Protocols

• Coming and going from work

• Daily Temperature Screening

• Daily Questionnaires• Business Travel

• Personal Travel

• Maintaining 6 foot distance

• Separation – Cohorted work crews

• Schedule work separation

• Movement within indoor worksite

• Hallways, elevators, stairs

• Conference rooms/shared work spaces

• Communal spaces• Outdoor facilities,

Breakrooms, cafeterias, bathrooms

• Training• Monitor

compliance• Obtain Feedback• Channel for

complaints• Documentation

Example 1: Face Coverings –Elements of Protocol

• Not Respirators; not PPE

• Protect others, not wearer

• State DOH requirements or recommendations

• Will the Employer Check Them? Clean Them? Monitor Them? Train on Them?

• Industry & Specific Guidance, e.g., Construction, June 10 Guidance

• Temporary Employees, Contractors, Vendors, Customers

• Multi-Employer Worksites

Example 2Supplemental Employee Hygiene --Protocols

• Greater Separation on worksites of work groups

• Wind Barriers

• Coughing/Sneezing barriers

• Reduce indoor meetings

• Handwashing

• Sanitizing of personal workspaces

• Food products in communal spaces

• Availability of touchless trash cans other hygiene/cleaning products

• Notices –Content/Locations

Example 3: Upgraded Worksite Sanitation Protocol • Worksite analysis

• High touch/use areas

• Upgraded cleaning/disinfecting practices

• Upgraded cleaning products –EPA List N

• Training/certification of staff/contractors

• Multi-employer worksite considerations

• Employee responsibilities

There are no bad questions!

These materials are public information and have been prepared solely for educational purposes. These materials reflect only the personal views of the authors and are not individualized legal advice. It is understood that each case is fact-specific, and that the appropriate solution in any case will vary. Therefore, these materials may or may not be relevant to any particular situation. Thus, the authors and Steptoe & Johnson PLLC cannot be bound either philosophically or as representatives of their various present and future clients to the comments expressed in these materials. The presentation of these materials does not establish any form of attorney-client relationship with the authors or Steptoe & Johnson PLLC. While every attempt was made to ensure that these materials are accurate, errors or omissions may be contained therein, for which any liability is disclaimed.

Material Disclaimer