Effective March 12, 2021, OSHA has issued a COVID-19 National Emphasis Program (NEP) in response to the Executive Order on Protecting Worker Health and Safety. The overall goal of this NEP is to ensure that the Centers for Disease Control and Prevention (CDC) approved methods for controlling COVID-19 related hazards are fully implemented by employers. The intended result is to significantly reduce or prevent employees in high-hazard industries or work environments from contracting SARS-COV-2, which is the cause of Coronavirus Disease 2019 (COVID-19). In addition, the NEP will focus on ensuring that employees who issue complaints about unsafe COVID-19 related conditions are protected from employer retaliation. This is accomplished through referring allegations of retaliation to the Whistleblower Protection Program.   

There are three methods that OSHA will utilize to ensure that necessary efforts are being made to prioritize the health and safety of employees including a combination of inspection targeting, outreach to employers, and compliance assistance. 

1. Planned/Programmed Inspections of Facilities

• Two master lists will be generated for site selection. The first list will be comprised of all establishments identified as having a NAICS code listed in Appendices A and B of the NEP. The second list will be comprised of establishments having a NAICS code listed in Appendices A and B as well as having an elevated illness rate as demonstrated by OSHA Form 300A information.

  • Appendix A (Primary target industries for COVID-19): Has the highest number of employees, such as healthcare workers, expected to perform tasks associated with exposure to COVID-19.

  • Appendix B (Secondary target industries for COVID-19): Non-healthcare essential employees with the highest frequency of close contact exposures to the public or other employees.

• Unprogrammed inspections related to COVID-19 will continue to be conducted at facilities where employees have a high frequency of close contact exposures. The criteria for these inspections will be based on current OSHA enforcement data demonstrating higher COVID-19 related complaints, referrals, and incident reports.

• Follow-up inspections from previously inspected facilities will be included as part of the strategy for improvement.

• Most inspections are expected to occur in general industry, with a focus on healthcare.

2. Outreach to Employers

• Nationwide outreach will be conducted via public announcements and communications to media, stakeholders, and alliances. 

• Targeted audiences include but may not be limited to employers in high-hazard industries, unions, employer associations, insurance companies, healthcare, professional associations, temporary employment agencies, suppliers of materials, etc.

3. Compliance Assistance

• Online resources can be accessed through OSHA’s public website, including the COVID-19 Health and Safety topics page.

• Further guidance can be provided by OSHA’s Voluntary Protection Programs (VPP), the Safety and Health Achievement Recognition Program (SHARP), or Pre-SHARP.

• All questions regarding the NEP should be directed to the Office of Health Enforcement (OHE). 

What Does This Means for Employers?

Increased Inspections and Enforcement

Employers in high-hazard industries will face a greater likelihood of upcoming inspections and should conduct a thorough review of all safety measures to make sure they are compliant with all federal, state, and local authorities. This NEP also reaffirms OSHA’s commitment to its longstanding inspection policy that relies primarily on in-person, on-site inspections, and reserves remote-only COVID-19 inspections for limited circumstances.

As we continue to learn more about how the virus that causes COVID-19 spreads, it is important that companies adhere to as many CDC-approved preventive measures as possible to reduce the risk of exposure to the virus and spread of the disease. Important strategies for mitigation include increased indoor ventilation, social distancing, use of facial coverings, routine hand washing/sanitizing, and regular disinfection of surfaces.

Do not get caught out of compliance! KERAMIDA has qualified health and safety consultants that are ready to provide guidance on the NEP as well as assist with performing COVID-19 related safety assessments to determine best proactive practices against Coronavirus. Training for your staff in best disinfection and sanitizing practices along with sampling for disinfection verification services are offered as well. Fill out our quick response form or call (800) 508-8034 to speak with one of our health and safety professionals today.

Blog Author

Andrew Tirmenstein
Senior Project Manager, Security, Health and Safety Services
ISO 45001 & ISO 14001 Auditor
KERAMIDA Inc.

Contact Andrew at atirmenstein@keramida.com.