June 6, 2020

June 05, 2020

Subscribe to Latest Legal News and Analysis

June 04, 2020

Subscribe to Latest Legal News and Analysis

June 03, 2020

Subscribe to Latest Legal News and Analysis

OSHA Issues Revised Enforcement Guidance for Inspections Related to COVID-19

On May 19, OSHA released updated enforcement guidance for inspections related to COVID-19 complaints, referrals and severe illness reports.

In response to the reopening of many parts of the country, OSHA plans to operate within the following framework:

  • In areas where community spread of COVID-19 has significantly decreased, OSHA will return to its regular inspection policy except that it will:

    • Continue to prioritize COVID-19 cases; and

    • Use phone investigations or Rapid Response Investigations (RRIs) where OSHA may have previously performed onsite investigations.

  • In areas where community spread is elevated or there is a resurgence, OSHA will:

    • Continue to prioritize COVID-19 fatalities and imminent danger exposures for inspection. On-site inspections will be focused on hospitals and other health care providers and workplaces with high numbers of complaints or known COVID-19 cases; and

    • Use phone investigations instead of on-site inspections when they can adequately address the hazards.

OSHA also emphasizes that this guidance is intended to be time-limited to the current COVID-19 public health crisis and encourages employers to frequently check OSHA’s webpage for updates.

© 2020 Jones Walker LLP

TRENDING LEGAL ANALYSIS


About this Author

Jane H. Heidingsfelder, Jones Walker, MSHA Employer Representation Lawyer, Injury Reporting Policy Attorney
Partner

Jane Heidingsfelder is a partner in the firm's Labor & Employment Practice Group in the New Orleans office. She has extensive experience representing clients in a wide array of industries before the Occupational Safety & Health Administration ("OSHA") and Mine Safety & Health Administration ("MSHA"). In particular, she is frequently asked to assist companies during on-site safety and health investigations, as well as in subsequent litigation with the Department of Labor. 

Ms. Heidingsfelder has defended clients in state and federal...

504.582.8306