U.S. OSHA Guidance on Reporting COVID-19 Cases
On Sept. 30, 2020, the Occupational Safety and Health Administration (OSHA) issued guidance clarifying employers’ obligations to report COVID-19 cases resulting in hospitalization or death. Under this new guidance, employers have 24 hours to report in-patient hospitalizations caused by COVID-19 and eight hours to report COVID-19 fatalities.
For a hospitalization to be reportable, it must occur within 24 hours of the employee’s exposure to SARS-CoV-2 in the workplace. For a death to be reportable, it must occur within 30 days of the employee’s work-related exposure.
Revised U.S. DOL Regulations on FFCRA Leave
Revised U.S. Department of Labor (DOL) regulations that took effect on September 16, 2020, clarify who qualifies for emergency paid sick leave under the Families First Coronavirus Response Act (FFCRA). FFCRA requires covered employers to provide their employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19.
The updated regulations state that employees can take intermittent FFCRA leave only with employer consent and that an employer must have work available for the employee in order for the employee to be eligible for FFCRA leave.
The DOL narrowed the definition of “health care provider” to an employee whose duties or capabilities are directly related to the provision of health care services or who is “employed to provide diagnostic services, preventive services, treatment services or other services that are integrated with and necessary to the provision of patient care and, if not provided, would adversely impact patient care.”
The final change is to the documentation timing requirements. Documentation must now be provided “as soon as practicable, which in most cases will be when an employee provides notice” of the need for FFCRA leave.
New Oregon OSHA Standards
New Oregon Occupational Health & Safety Administration (OR OSHA) standards are likely to take effect in Oregon next month. OR OSHA has published a final COVID-19 Temporary Standard and has indicated that it expects it to take effect November 1, 2020. These new requirements apply to all Oregon employers, though there are stricter requirements for “workplaces at exceptional risk.”
Face Coverings: Employers must provide face coverings to all employees, though they may allow employees to use their own face coverings. Employers must also ensure that all individuals (not just employees) wear face coverings in a number of specified circumstances, including any time that six feet of social distancing “cannot be consistently assured.”
Social Distancing: Employers must ensure that the workplace is “designed to eliminate the need for any worker to be within 6 feet of another individual in order to fulfill their job duties.”
Sanitation: Employers must clean or sanitize all common areas, shared equipment, and high-touch surfaces within 24 hours of use/occupancy by any individual and provide employees with supplies needed to “sanitize more frequently” and “perform hand hygiene.”
Ventilation: Employers must use existing HVAC systems to circulate air whenever employees are present, maintain HVAC air filters in accordance with manufacturer’s instructions and design specifications, and clean and maintain intake ports for HVAC systems per the manufacturer’s instructions and design specifications.
Distancing Officer: Each employer must appoint someone to be responsible for implementing distancing, face covering, and sanitation requirements.
Risk Assessment: Employers must conduct an exposure risk assessment as described in the Temporary Standard, and those with more than 10 employees in the state have to document their assessment in writing. The exposure risk assessment “must involve feedback and participation from employees.”
Notification of COVID-19 Infection: Every employer is required to have a process to notify employees of work-related contact with someone who has tested positive for COVID-19 within 48 hours of the employer learning of the positive test.
Poster: Employers must post the new “COVID-19 Hazards Poster” that OR OSHA will be issuing in all the locations specified by the Temporary Standard. This poster is in addition to the current “Face Coverings Required” sign issued by the Oregon
Health Authority.
The above is only a brief identification of some of the important requirements of the Temporary Standard. See OR OSHA’s website for more detailed information about the new requirements.
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Whether you are an employee or an employer, please feel free to contact us if you have any questions about COVID-19 requirements in the workplace or any other employment-law issues.
Also, if you’re interested in other employment-related issues, watch for the publication of Employment Law (in Plain English)®, co-authored by members of this law firm. The manuscript has just been sent to the publisher, and the book is expected to be released on January 5, 2021.
