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What Employers Need to Know About the American Rescue Plan

The $1.9 billion relief bill, known as the American Rescue Plan, has passed Congress and will
head to President Joe Biden for a signature. Highlights of the bill include extended
unemployment benefits, direct checks to individuals and more.


While some of the bill was changed during its time in the Senate, it’s largely similar to the
initial version passed by the House. However, some key provisions, such as a higher minimum
wage, were scrapped amid efforts to pass the bill swiftly.


This article outlines the most relevant provisions included in the bill.


SMALL BUSINESS ASSISTANCE
The bill invests billions toward small business assistance. Here is the current funding
breakdown:
-Emergency Injury Disaster Loan program: $15 billion
-New grant program for bars and restaurants, specifically: $28 billion
-Paycheck Protection Program: $7.25 billion


DIRECT PAYMENTS
Just like the two other COVID-19 relief bills passed during the pandemic, this version also
features direct payments to Americans. This time around, eligible recipients can expect
$1,400 per person ($2,800 for couples), including adult dependents—a family of four could
receive up to $5,600.


However, payment parameters are stricter this time around than with the previous direct
payment. The full amount will go to individuals earning under $75,000 (or $150,000 for
couples), with payments cut off entirely for individuals earning over $80,000 (or $160,000 for
couples). Individuals earning an amount between those figures will receive a reduced sum.


UNEMPLOYMENT AID
The bill extends two previously established pandemic unemployment assistance efforts: the Pandemic
Unemployment Assistance Program and the Pandemic Emergency Unemployment Compensation
program. Unemployed gig workers, freelancers, contractors and others who previously qualified for aid
will continue to be eligible under these programs. The financial assistance provided by these two
programs is currently set to expire in mid-March, which pressured legislators to act quickly.
The bill also provides for enhanced unemployment assistance payments of $300 per week. Under the bill,
these programs and their financial aid are extended through Sept. 6.


HOUSING ASSISTANCE
The bill sets aside billions in financial aid to homeowners and renters. Here is the funding breakdown:
-Aid for emergency rental assistance: $22 billion
-Aid for mortgages, utilities and property taxes: $10 billion
-Aid to states and localities to help individuals at risk of becoming homeless: $5 billion


EMERGENCY PAID LEAVE
The Families First Coronavirus Response Act (FFCRA), signed into law on March 18, 2020, required certain
employers to provide employees with paid sick leave or expanded family and medical leave for specified
reasons related to COVID-19. That requirement expired Dec. 31, 2020.


The American Rescue Plan maintains the status quo, in that it does not require employers to offer leave
under the FFCRA framework. However, the bill does provide tax credits for employers that voluntarily
provide leave under the FFCRA framework through the end of September 2021.

AID TO SCHOOLS AND CHILD CARE
A significant portion of the relief bill involves aid to states, including schools and child care facilities:
-Aid for getting K-12 schools ready for in-person learning: $125 billion
-Money may be used for purchasing protective equipment, improving ventilation systems
and hiring support staff. However, 20% of the money schools receive must be used to
address pandemic learning loss—for example, extending learning time into the summer.
-Aid for colleges: $40 billion
Institutions will be required to spend at least 50% of their allocated funds on emergency
financial aid grants to students.
-Child care provider assistance: $39 billion
-Funds may be used for payroll, rent, protective equipment and other expenses.


TAX CREDITS
The relief bill provides an overhaul of the child tax credit for the 2021 tax year. The bill increases the
amount of the credit to $3,000 for each child under the age of 18 and $3,600 for children under the age
of 6. The credit will also become fully refundable, meaning low-income individuals would receive the
benefit.


The bill also expands the earned income tax credit for individuals without children. The maximum credit
will be nearly tripled, and eligibility will be expanded as well.


HEALTH INSURANCE
The bill subsidizes private health insurance premiums for unemployed workers through the Consolidated
Omnibus Budget Reconciliation Act (COBRA). The provision allows individuals eligible for COBRA insurance
coverage to maintain their employer-sponsored coverage after losing employment without having to pay
any portion of the premiums through the end of September 2021.


Additionally, the bill invests nearly $35 billion in premium subsidy increases for those who buy coverage
on the ACA Marketplace. The bill increases the subsidies provided to currently eligible individuals, and
removes the 400% federal poverty level cap (equal to approximately $51,000 for an individual) on subsidy
eligibility.


AID TO STATES, LOCAL GOVERNMENTS, TRIBES AND TERRITORIES
The bill provides billions in financial assistance to states, local governments, tribes and territories. Here is
the current funding breakdown:
-Aid to state and local governments: $325.5 billion
-Aid to tribes and territories: $24.5 billion
-Creation of the Coronavirus Capital Projects Fund, to carry out capital projects directly enabling
work, education and health monitoring: $10 billion


WHAT’S NOT IN THE BILL
A minimum wage hike of $15 per hour—one of the most discussed provisions from the initial bill—has
been removed from the final version due to strict rules governing budget bills in the Senate. Some
Democrats have suggested this provision may be considered as a standalone bill, but any movement on
that front remains to be seen.


Additionally, the bill does not include an extension of the eviction moratorium, which is set to expire on
March 31, or an expansion of mandated paid sick and family and medical leave. While neither were
included in the original House bill, these were popular provisions contained within one of the previous
bills.


SUMMARY
While there are many complex provisions in this nearly $2 trillion relief bill, Launchways is here to help
employers make sense of everything. Reach out with questions about how this new bill may affect your
organization.

Eight Employment and Labor Changes to Expect in 2021 and 2022

Businesses were already expected to acclimate to rapidly changing regulations and workforce demands, and the COVID pandemic has heightened those expectations even more. This has led many business owners to wonder what additional changes are on the horizon. The recent change in presidential administration has also led many employers to consider how prepared their organization is for impending legislation.

In this post, we’ll cover some anticipated changes employers may encounter over the next two years in the worlds of labor and employment. The specific changes that we’ll discuss include:

  • Expanded Occupational Health and Safety Administration (OSHA) Enforcement
  • Federal Minimum Wage Increases
  • Labor Management Reporting Disclosure Act Persuader Rules
  • Expanded Equal Employment Opportunity Commission (EEOC) Reporting Requirements
  • Temporary OSHA COVID Rules and Guidance
  • Paid Sick Leave Changes
  • Removal of Key Trump Regulations
  • Return to the Obama-era FLSA White-Collar Exemption

Expanded OSHA Enforcement

Under Trump’s presidency, the number of OSHA audits, inspections, penalties, and overall enforcement personnel decreased from year to year. As is the case for many Trump-era regulations, this trend is likely to reverse under President Biden. You can expect Biden to direct OSHA to hire more enforcement personnel, and to conduct more inspections. With more inspections, you can expect OSHA to be handing out more penalties as well. These increased inspections will be related to COVID as well as other occupational safety concerns.

Federal Minimum Wage Increases

President Biden has long been a proponent of a higher federal minimum wage – specifically $15/hr. This increase, which would more than double the current $7.25 federal minimum wage, will face an uphill battle of legislation. However, incremental increases over the next several years may be agreed on through a compromise across party lines, so employers should start preparing for this very real possibility.

Another minimum wage order that Biden has already issued is to direct his administration to start working on a $15 minimum wage for all employees of federal contractors. His plan is to implement this executive order within the first 100 days of his presidency. Examples of such contractors include cleaning and food service employees.

Labor Management Reporting Disclosure Act Persuader Rules

Towards the end of the Obama Administration, the Department of Labor revised the Labor Management Reporting Disclosure Act (LMRDA) “persuader” disclosure rules. Although these revisions never took effect, their intention was to broaden the scope of companies and individuals that had to file LMRDA disclosure paperwork. This would have removed the “advice” exception, which held that consultants or attorneys who only provided advice to employers (not directly persuading them) were not required to file disclosures under the LMRDA. Biden is very likely to try to make this revision again and reinstate the revised persuader rules.

Expanded EEOC Reporting Requirements

Your organization should begin preparing to track and report on wage and salary data based on race and gender. The EEOC under President Biden will most likely implement new reporting requirements to improve pay equality in the United States.

Temporary OSHA COVID Rules

One of President Biden’s first executive orders, which he signed on January 21, 2021, was to direct OSHA to provide new guidance to employers to help them improve workplace safety during the ongoing COVID-19 Pandemic. OSHA responded quickly to this order and issued new guidance on January 29, 2021.

This guidance can be summarized into the following themes:

  • Hazard assessments
  • Measures to limit the spread of COVID-19
  • Isolation or separation measures of infected workers from the workplace (physical distancing, installing barriers, or staying home)
  • Use of personal protective equipment
  • Improvements in ventilation, hygiene, and sanitation measures
  • Industry specific guidelines.

Paid Sick Leave Changes

Biden has long been an advocate of 12 weeks of annual paid family and medical leave. However, experts are skeptical about the feasibility of such legislation. Last year, Congress approved two weeks of paid emergency FMLA leave. This new paid leave might push some Republican senators to warm to the idea of providing further paid leave.

Removal of Key Trump Regulations

Since day one of his administration, President Biden has been rolling back or removing some key Trump regulations. Examples include:

  • Withdrawing Trump-era Department of Labor opinion letters on the topics of tip pooling and employee classification.
  • Freezing the independent contractor rule. Under this rule, it was easy for employers to classify “gig economy” workers as independent contractors.
  • The Department of Labor under President Biden will most likely roll back Trump’s tip pooling regulations and revert back to the former rules. The former rules do not allow “back-of-the-house” workers, like restaurant kitchen staff for example, to participate in tip pools.

Return to the Obama-era FLSA White-Collar Exemption

Under President Obama’s Fair Labor Standards Act regulations (FLSA), the salary below which workers are entitled to overtime was raised to $47,476. Trump lowered this amount back down to $35,308. Employers can expect that during the Biden Administration, this amount will increase back up to Obama levels, or potentially even higher.

Key Takeaways

Employers can expect many changes over the next two years in the worlds of employment and labor. Most of these changes are a result of the recent change in presidential administration. President Biden will be reversing many of the regulations and executive orders that President Trump put in place. Many of these changes will bring back Obama-era regulations, although there will be some differences.

The most important changes that employers can expect fit into these categories:

  • Expanded Occupational Health and Safety Administration (OSHA) Enforcement
  • Federal Minimum Wage Increases
  • Labor Management Reporting Disclosure Act Persuader Rules
  • Expanded Equal Employment Opportunity Commission (EEOC) Reporting Requirements
  • Temporary OSHA COVID Rules and Guidance
  • Paid Sick Leave Changes
  • Removal of Key Trump Regulations
  • Return to the Obama-era FLSA White-Collar Exemption

What Business Owners Need To Know About COVID-19’s Impact On 2020 Taxes

The Paycheck Protection Program (PPP) is likely the most discussed of all the federal programs issued to address the impact the COVID-19 pandemic has had on our economy. Millions of employees across the country were left without income after nearly every small business in America was forced to temporarily close its doors. This set in motion the most difficult economic downturn our nation has seen since the Great Depression.

To reduce the worst of the effects of mass closures, the federal government issued the PPP to give the economy a shot in the arm by essentially substituting the lost revenue with government funding. As the name suggests, the purpose of this money was primarily to cover the non-existent wages of the employees affected.

While this helped millions of workers who would have otherwise been left without income, the businesses that utilized this program must now account for it in their tax filings. The PPP was implemented incredibly quickly and underwent several changes in scope and terms. It comes as no surprise that filing the related taxes has left many employers scratching their heads trying to figure out exactly how they are supposed to file. In this article, we discuss some key pieces of information about the tax implications of the PPP. That said, it should be noted that this piece is not intended as tax advice but rather key considerations for employers who signed on to the PPP.

Understanding the Tax Implications of Relief Programs

From a tax standpoint, PPP funds are not considered revenue, despite the fact that the money was intended to offset revenue that was lost. The PPP was issued as a loan – one for which most businesses were able to receive forgiveness. Even if you received PPP funds, you can still claim the Employee Retention Tax Credit, though, some earning are not allowed including earnings paid with PPP funds that are ultimately forgiven, payments through the Emergency Medical Leave Act, and Work Opportunity Tax credits.

Considering the fact that PPP loans can be applied retroactively for 2020, it has a lot of value for many businesses that were hit hard by the pandemic. However, it is essential for employers to understand that that the tax deduction of those wages will be significantly reduced as a business expense by receiving the tax credit. For instance, if you paid $44K in wages and received an Employee Retention Tax Credit of $30K, you would only be able to claim the difference ($14K) as a tax-deductible expense.

Additionally, some employers utilized Social Security deferral. As part of the Coronavirus, Aid, Relief, and Economic Security Act (CARES), this program included a suspension of employer payments to the government. While the deferral period for this program ended in 2020, the tax liability was only deferred, not waived. Therefore, the money is still owed.

Opportunities for Assistance

Some businesses such as entertainment venues and the like that were forced to close their door due to the pandemic are eligible for a grant for Shuttered Venue Operators, included in the last round of COVID-19 relief. However, by receiving a PPP Loan, you are no longer eligible to receive the grant. Venue operators trying to obtain this grant must provide documentation of the impact that the pandemic has had on their business when applying.

Another major relief measure was an update to the allowed payment methods for employment funding. Section 127 of the tax code allows businesses to help pay off employee student loan debt. This can be a valuable benefit to employees with student loan debt as it allows businesses to help pay employee debt without tax implications. Section 127 was extended through the end of 2025 and is a great opportunity to add more relief.

These are just a few examples of the many opportunities that businesses have with current COVID-19 relief programs. You’ll want to review information from the US Treasury Department for more details on the different relief options and their tax implications.

With all of the new federal programs that have been implemented to provide businesses with relief and the many revisions among them, it is fairly certain that your tax professional will need to do more research to understand the tax implications and how they will impact your business. With this, employers should understand that the process of filing will likely take longer than usual, so they should file as early as possible.

Another great opportunity for employers to find assistance is through Small Business Development Centers (SBDCs). SBDCs are a service of the Small Business Administration that offer free business advice for employers. A consultation would likely help to uncover even more potential opportunities to reduce tax liability and avoid costly filing mistakes.

How Employers Should Communicate With Employees About COVID-19 Vaccines

Navigating all of the challenges and operational changes related to the COVID-19 pandemic has been difficult for both employers and employees. Thankfully communication between the two has played a pivotal role in keeping employees safe and healthy. Now, with the FDA having issued emergency use authorization for two vaccines, the long-awaited relief for COVID-19 is here. While the initial supply of vaccines has been allocated for people in specific groups, it’s important that employers begin planning for when access to the vaccine becomes available to the general public.

Research conducted by the Kaiser Family Foundation showed that 70% of Americans polled said they will get a COVID-19 vaccination. While many feel optimistic about the release of vaccines, the topic doesn’t come without challenges. Employers need to be diligent when considering things such as whether or not the vaccine will be encouraged or required and how they will get buy-in from employees who are hesitant about the idea.

This article covers the important questions employers need to ask themselves, as they navigate the legal risks and the logistics of employee vaccinations.

What to Communicate

When it comes to promoting and providing accurate information about COVID-19 vaccinations, employers play an important role, as many employees will look to their employers for this kind of guidance. The big picture that needs to be reinforced with employees is that getting vaccinated will likely be the driving force that allows for a safe return to work.

Employee vaccinations need to be lead with facts and transparent communication. Employee communication is the most important factor in seeing vaccination plans come to fruition. With that, as employers develop their plans for COVID-19 vaccinations, they must consider sharing the following information with their employees:

  • General COVID-19 vaccine information:
    • Overview of available vaccines and their differences
    • Facts and myths about the vaccine
    • How vaccines work
    • Benefits
    • Efficacy and safety
    • Possible side effects
  • Vaccination timelines from the Centers for Disease Control and Prevention (CDC), including distribution phases for targeted groups and the general public
  • Vaccination timelines for the organization
  • Organization vaccination policy
  • Vaccination sites (whether at authorized clinics and pharmacies, or on-site)
  • Vaccination costs (including potential paid time off for getting vaccinated or recovering from any side effects)
  • Workplace COVID-19 safety precautions or protocols, such as continuing to wear a mask and avoiding close contact in the workplace
  • Educational resources to learn more about COVID-19 vaccines

A thoughtful and proactive approach to employer communication efforts will undoubtedly be more effective than a reactive approach. Employers need to anticipate the most common vaccine objections and develop a plan for responding in a way that mitigates concerns and doubts. This should be done by providing accurate information, engaging with concerned employees, and offering educational resources on the vaccines.

It should also be stated that to provide continuity in what hesitant employees might be hearing about the vaccines, your messaging should also reflect what is being communicated by local health officials and healthcare providers. Point to research and guidance from the CDC and other public health experts, but keep in mind that CDC guidelines continue to evolve and are subject to frequent changes.

How to Communicate

The opinions and attitudes toward the vaccinations are certain to vary among your employees. It’s important for employers – as with any communication – to tailor their approach to their individual employees. An effective approach isn’t one-size-fits-all. Employers need to be mindful of this and conduct some research to better understand their employees. Depending on what your workforce looks like, you might consider things like, pretesting content ideas or making the information available in different languages if necessary.

Sticking to the Facts

There is a lot of opinion surrounding the COVID-19 vaccines, so it’s important that you stick to the facts and avoid using charged jargon or strong language. Building a strong case supported with science and data in concert with a sensitive and respectful tone will likely be more successful when communicating with employees who are unsure about getting the COVID-19 vaccine. Compassion and transparency will help to create employee buy-in and overall support of workplace vaccination plans.

Highlighting values such as unity and interconnectedness will likely be effective in communications as they motivate employees to act. Ultimately, the end goal here is to protect employees and make their communities safe from the threat of COVID-19. The pandemic has certainly taken a toll on most employees. By leading with values, you emphasize protection for the employee, their loved ones, and the coworkers around them.

Using Communication Channels

In order to best communicate with employees, employers should consider their existing communication channels and how they can be leveraged to relay information about the COVID-19 vaccination. Here are few tools that could help to build workplace confidence in the vaccine:

  • Company intranet
  • Emails
  • Fact sheets
  • FAQs
  • Meetings or town halls (including virtual town halls)
  • Posters
  • PowerPoint presentations
  • Social media
  • Testimonials
  • Videos

The overall goal of this effort is to reach all employees, so it’s important to note that information consumption differs between on-site employees, non-wired employees, and remote employees. The most effective communications strategy for informing and engaging employees is one that leverages multiple channels.

Listening

Just as important as what and how employers are communicating to employees, is listening to what employees have to say. It’s important that employers aren’t ignoring the concerns of their employees about the COVID-19 vaccines. Employers should identify a point person within their organization who can field and address questions or concerns and provide information in response. If the workforce is spread across multiple locations or working remotely, it is especially important that there is two-way communication between employers and employees. Not only is it important to stay in touch with how employees feel, but offering tailored content that addresses their concerns will help increase employee buy-in. Employers have an opportunity to demonstrate that they are truly listening to and care for their employees.

When to Communicate

Because the vaccines are out and already being administered to people across the country, the time to start communicating with employees is now. While it might take some time before the general public has access to the COVID-19 vaccines, it’s important to start planning with employees now. It’s all about starting the dialogue and meeting employees where they are. Use this time to be thoughtful and sympathetic to employee concerns.

Employers should start communicating that they are monitoring the availability of COVID-19 vaccines and developing a plan for when they become available to the general public while highlighting how it will have a positive impact on the workplace and other organization needs. Most importantly, employers must listen to and address the concerns of their employees to help build the necessary buy-in for the COVID-19 vaccinations.

For More Information

In addition to the considerations above, employers should consult employment law counsel to determine whether there are unique risks to consider for their specific organization and industry.

Employers are playing a vital role in helping promote COVID-19 vaccines. For more information on the pandemic and keeping your workforce safe and informed, be sure to check out our COVID-19 Resource Center.

New OSHA COVID-19 Guidelines

In late January 2021, the Occupational Safety and Health Administration (OSHA) issued updated guidance on mitigating and preventing the spread of COVID-19 in the workplace.

This guidance is meant to help employers and workers determine appropriate COVID-19 control measures, and to educate employers and workers about the risks of being exposed to or contracting COVID-19 in the workplace.

In this post, we’ll be highlighting the most important aspects of this updated guidance and what employers need to know moving forward. Specifically, we’ll discuss:

  • The Purpose of This New Guidance
  • Guidance Highlights
  • What Next for Employers

To read the new OSHA COVID-19 guidance in its entirety, click here.

The Purpose of This New Guidance

OSHA released this updated guidance with the purpose of helping employers plan their COVID-19 prevention and mitigation strategies. OSHA strongly recommends that employers implement COVID-19 prevention programs in the workplace, especially in industries where employees are unable to work from home. The most effective mitigation strategies engage workers and their union or representatives in strategy development, according to OSHA’s recommendations.

The guidance covers the following:

  • Hazard assessments
  • Measures to limit the spread of COVID-19 (roles of employers and workers and training on COVID-19)
  • Isolation or separation measures of infected workers from the workplace (physical distancing, installing barriers or staying home)
  • Use of personal protective equipment
  • Improvements in ventilation, hygiene and sanitation measures

We’ll discuss some highlights about some of the above topics in the following section.

Guidance Highlights

In this section, we’ve compiled some of the most important points from OSHA’s new guidance, organized into the sections that we explained in the previous section:

Hazard Assessments

Employers should conduct a hazard assessment of their workplaces. According to the new OSHA guidance, the purpose of this is, “…to identify potential workplace hazards related to COVID-19.” The guidance also suggests that, “This assessment will be most effective if it involves workers (and their representatives) because they are often the people most familiar with the conditions they face.”

Isolation or Separation Measures of Infected Workers from the Workplace

The OSHA guidance strongly recommends that employers do everything they can to minimize the negative impact of quarantine and isolation on infected workers. Specifically, they suggest:

  • Allow them to telework or work in an area isolated from others, when possible. If not possible, allow workers to use paid sick leave.
  • Consider implementing paid leave policies to reduce infection risk for everyone in your workplace.
  • Remember that The Families First Coronavirus Response Act (FFCRA) provides certain employers 100% reimbursement (primarily through tax credits) to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. This option will remain through March 31, 2021.

Use of Personal Protective Equipment (PPE)

In the updated guidance, OSHA acknowledges that not every industry can allow employees to work from home. In many industries, the only way for employers to perform their job responsibilities is to be at work in person. In this case, the use of PPE is necessary. Specific guidance related to employer provision of PPE includes:

  • Determine what PPE is necessary to adequately protect your employees.
  • Provide all PPE, if necessary, including respirators, face shields, protective gowns, and gloves, to the workers at no cost.
  • Make sure to provide PPE in accordance with relevant OSHA standards and other industry-specific guidance. Later in this post, we’ll explain where you can find industry-specific guidance.
  • Understand that there are instances in which PPE is not required under OSHA standards or other industry-specific guidance. Some workers may have a legal right to PPE as a “reasonable accommodation” under the Americans with Disabilities Act (ADA). In other cases, workers may want to use it if they are still concerned about their personal safety (for example, if a family member is at higher-risk for severe illness, wearing a face shield in addition to a face covering as an added layer of protection). Employers should encourage and support voluntary use of PPE in these circumstances.

Improvements in Ventilation, Hygiene and Sanitation Measures

In addition to PPE, providing resources to help your employees maintain good personal hygiene is important to help them mitigate the risk of being infected with COVID-19. Specific recommendations include:

  • Provide tissues and no-touch trash cans.
  • Provide soap and warm or tepid water in the workplace in fixed worksites.
  • Place touchless hand sanitizer stations in multiple convenient locations throughout the office.
  • Provide workers with time to wash their hands often with soap and water (for at least 20 seconds) or to use hand sanitizer.
  • Place informational posters that encourage hand hygiene and physical distancing to help stop the spread of COVID-19 at the entrance to your workplace and in other workplace areas where they are likely to be seen. Be sure to include versions of the poster in different languages.
  • Promote personal health monitoring and good personal hygiene, including hand washing and good respiratory etiquette.
  • The supplies necessary to carry out each of the above hygiene recommendations should be provided at no cost to employees.

Other Measures to Limit the Spread of COVID-19

In addition to everything listed above, OSHA has recommended the following best practices to consider in order to limit the spread of COVID-19 in the workplace. Visit OSHA’s updated website for more information about these recommendations.

  • Assignment of a workplace coordinator. 
  • Identification of where and how workers might be exposed to COVID-19 at work. 
  • Identification of 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.
  • Consideration of protections for workers at higher risk for severe illness through supportive policies and practices. 
  • Establishment of a system for communicating effectively with workers in a language they understand.
  • Educate and train workers on your COVID-19 policies and procedures using accessible formats and in a language they understand.
  • Isolating workers who show symptoms at work. 
  • Performing enhanced cleaning and disinfection after people with suspected or confirmed COVID-19 have been in the facility.
  • Providing guidance on screening and testing.
  • Recording and reporting COVID-19 infections and deaths that occur in the workplace.
  • Implementing protections from retaliation and setting up an anonymous process for workers to voice concerns about COVID-19-related hazards.
  • Making a COVID-19 vaccine or vaccination series available at no cost to all eligible employees.
  • Not distinguishing between workers who are vaccinated and those who are not.

Industry Specific Guidance

OSHA has published a separate webpage with guidance for specific industries (click here to access this page). Some specific industries that are included are:

  • Airline Operations
  • Construction
  • Dentistry
  • Food Manufacturing and Processing
  • Laboratories
  • Manufacturing
  • Oil and Gas Operations
  • Pharmacies
  • Retail
  • Waste Management

Many other industries are included on the website, so be sure to take a look to see what is recommended for you and your employees.

What Next for Employers?

Keep in mind that OSHA will continue to update the guidance over time as new developments arise. OSHA fully intends to include additional situational and industry-specific guidance as we learn more about COVID-19 moving forward.

Employers should review this recent and any future guidance carefully and implement any new recommendations as applicable. Employers should consider assigning someone on their staff to regularly monitor the OSHA website for any changes in COVID-19 best practices and standards.

As we mentioned in the previous section, OSHA has published many industry-specific recommendations. Business leaders are strongly encouraged to review the specific guidelines that OSHA has provided for their industries.

Key Takeaways

OSHA has issued important updated COVID-19 guidelines for employers. These guidelines can be summarized into the following themes:

  • Hazard assessments
  • Measures to limit the spread of COVID-19
  • Isolation or separation measures of infected workers from the workplace (physical distancing, installing barriers or staying home)
  • Use of personal protective equipment
  • Improvements in ventilation, hygiene and sanitation measures
  • Industry specific guidelines.

Employers should carefully review the specific details of this guidance, which we’ve summarized in this post and are also available by clicking here. Employers should also consider assigning someone on their staff to regularly check back on OSHA’s website for further COVID-19 prevention guidelines.