OSHA has issued interim guidance to advise compliance and safety health officers to evaluate an employer’s good faith efforts to comply with safety and health standards during the coronavirus (COVID-19) pandemic. The guidance acknowledges that widespread business closures, travel restrictions, group size limitations, facility visitor prohibitions, and shelter-in-place orders have limited the availability of employees and consultants who normally provide training, equipment inspections, testing, and other safety and industrial hygiene services. Additionally, business closures may restrict employee participation in safety training even when trainers are available.
Given the limitations facing businesses across the country, OSHA has advised compliance and safety officers to assess whether employers have made a “good faith” effort to comply with health and safety standards. In cases where compliance was not possible, officers will evaluate whether employees were exposed to hazards from tasks, processes, or equipment for which they were prepared and trained.
Officers will assess whether employers explored all options to comply with applicable standards, including the use of virtual training or remote communication and whether employers implemented interim alternative protections. Employers unable to comply with OSHA requirements because local authorities required the workplace to close must demonstrate a good faith attempt to meet applicable requirements as soon as possible following the re-opening of the workplace. OSHA said it will take employers’ efforts to comply in good faith into strong consideration when determining whether it will cite a violation. To ensure corrective measures are taken once normal activity resumes, OSHA will develop a program to conduct randomized monitoring inspections in cases where the agency noted but did not cite violations.
OSHA’s guidance on enforcement and good faith efforts have taken effect immediately and will remain in effect until further notice.