OSHA revises National Emphasis Program for COVID-19

OSHA has revised its National Emphasis Program (NEP) for COVID-19. The agency launched the NEP on March 12, 2021, to focus on companies that put the largest number of workers at serious risk of contracting the coronavirus and on employers that engage in retaliation against employees who complain about unsafe or unhealthful conditions or exercise other rights under the Occupational Safety and Health Act.

Based on an evaluation of inspection and illness data, the revised NEP—DIR 2021-03 (CPL 03)—adjusts the targeted industries to those most at risk for COVID-19 exposure. It also removes an appendix that provided a list of Secondary Target Industries for the former COVID-19 NEP.

Inspections of establishments not involved in health care will follow procedures outlined in the updated interim enforcement response plan (IERP), published July 7, 2021, which replaces the memorandum dated March 12, 2021. Updates in the July 2021 IERP include the following:

• OSHA will enforce protections for workers in non-health-care industries who are unvaccinated or not fully vaccinated.
• Where respirator supplies and services are readily available, OSHA will stop exercising enforcement discretion for temporary noncompliance with the respiratory protection standard based on employers’ claims of supply shortages due to the COVID-19 pandemic.
• OSHA will no longer exercise enforcement discretion for the same requirements in other health standards, where full compliance may have been difficult for some non-health-care employers because of the COVID-19 pandemic.

In addition, instructions and guidance have been updated for OSHA area offices and CSHOs for handling COVID-19-related complaints, referrals, and severe illness reports. The IERP also contains updates that ensure workers are protected from retaliation.

The goals of the IERP are to identify exposures to COVID-19 hazards, ensure appropriate control measures are implemented, and address violations of OSHA standards (other than the ETS) and the General Duty Clause. The updated IERP will remain in effect until further notice and is intended to be time-limited to the current COVID-19 public health crisis.