On January 29, 2021, the Occupational Safety and Health Administration (OSHA) provided updated guidance entitled “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.” This guidance is meant to assist employers and employees in most workplace settings (outside of healthcare)in identifying risks of being exposed to and contracting COVID-19 at work and to help them determine appropriate control measures to implement. OSHA has additional industry-specific guidance.

The new guidance builds upon previous versions of OSHA’s workplace COVID-19 publications and provides additional details on methods of limiting the spread of COVID-19. The guidance is not a standard or regulation, nor does it create new legal obligations. In addition to the previous recommendations for how to protect oneself in the workplace – which included maintaining a distance of at least six feet, frequent and proper handwashing, and the correct use and types of face coverings – the new guidance recommends implementing a COVID-19 prevention program, which has been identified as the most effective way to reduce the spread of COVID-19. The program elements are as follows:

1. Assign a workplace coordinator who will be responsible for COVID-19 issues.
2. Identify where and how workers might be exposed to COVID-19 at work. This involves conducting a hazard assessment to identify potential workplace hazards related to COVID-19.
3. Identify a combination of measures that will limit the spread of COVID-19 in the workplace, in line with the principles of the hierarchy of controls. Examples include but are not limited to: sending infected or potentially infected employees home, installing barriers where distancing cannot be maintained, improving ventilation, using applicable PPE to protect employees from exposure, and performing routine cleaning and disinfection.
4. Consider reasonable accommodations for higher-risk employees through supportive policies and practices.
5. Implement a means of communication by which employees can report to the employer COVID-19 symptoms, possible exposure, and possible COVID-19 hazards at the workplace without retaliation from the employer. Also, communication should be effective and in a language, the employee can understand.