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You Have 3 Options: TAG’s Take on OSHA Worker Protection Guidance
Key Points:
- In today’s Recommendations for Industry, we OSHA’s new guidance on worker COVID-19 protections and the three options TAG sees as possible for businesses. Read more below.
- The U.S. is increasingly unlikely to meet Biden’s July 4th vaccination goal of having 70% of Americans receiving the at least one dose of a COVID-19 vaccine.
- Fully vaccinated Canadians and permanent residents in Canada may soon no longer need to quarantine in a hotel upon return. However, returning individuals would still be required to have a COVID-19 test upon arrival and isolate until test is returned as negative.
- Currently, the Delta COVID-19 variant makes up 6% of all US COVID-19 cases.
- OSHA has updated its guidance for worker protection, specifically in higher-risk workplaces (as in the food and agriculture industry). We discuss this in our Recommendations for Industry
- J&J has released a statement indicating that they have received FDA approval to increase storage time of their vaccine from 3 months to 4.5 months. Healthcare professionals may check the expiration dates of vaccines they have on-hand on J&J’s site.
- Excess deaths per 100K population (in the G7) nations has seen the U.S. having higher excess deaths due to COVID-19 than other G7 nations (including UK and Italy).
- In the U.S., middle-aged populations of all racial groups (and diversified populations) account for the highest proportion of COVID-19-related deaths now.
- Chile’s capital is locking down despite having >60% of its population fully vaccinated as cases continue to rise for many that are unvaccinated (which has increased hospital capacity and burden).
- A recent report about the UK’s first post-COVID-19 clinic at the University College London Hospitals has found many concerning and important findings (and continued perplexities) specific to long-term COVID-19 symptomology (also what we refer to as “long-haul COVID”).
- Despite having a fully vaccinated passenger list (and crew), a Celebrity Cruise ship that will soon arrive back at port has identified two COVID-19 positive
Recommendations for Industry
You Have 3 Options: TAG’s Take on OSHA Worker Protection Guidance
A new COVID-19 worker protection publication, issued by OSHA yesterday (June 10) provides new guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace. In the appendix to the guidance, OSHA calls out Measures Appropriate for Higher-Risk Workplaces with Mixed-Vaccination Status Workers, which applies to all higher-risk workplaces, specified as including “manufacturing, meat and poultry processing, high-volume retail and grocery, and seafood processing” where there are any unvaccinated or otherwise at-risk workers.
Essentially, the guidance calls for businesses to differentiate between vaccinated and unvaccinated employees. OSHA has issued the publication as guidance, and the measures are not technically requirements. However, TAG sees a lack of implementation as putting a business at risk of legal liability, should an outbreak or work-related transmission occur in a facility.
To break this down further – it’s unlikely that any business will have 100% of its workers vaccinated. Therefore, if a business follow the new OSHA guidance, TAG sees three options:
- Maintain all COVID-19 worker protections for all unvaccinated, partially vaccinated, and fully vaccinated employees in all facilities (i.e., masks, distancing, structural barriers, etc.)
- Require verification of vaccination status. Any worker without proof of full vaccination must continue masking, distancing, et.
- Mandate vaccines for all workers. Essentially this would require that a condition of employment be vaccination verification.
While maintaining these measures in the workplace may seem inconsistent with states lifting mandates, and people able to eat out, gather in bars, attend concerts and sporting events, etc., it does track with CDC guidance for those who are unvaccinated. Additionally, because of the amount of time spent at work, often in close quarters, there is an underlying rationale to maintaining tighter controls to protect unvaccinated workers.
TAG also sees some benefit to maintaining protections as there is some projection that cases could increase again in the fall and it may be easier to maintain to the requirements than to try to reinstitute them. Additionally, studies have shown that COVID-19 protections significantly reduced the 2020 rates of influenza, so companies can be further protecting business operations by reducing absences caused by other communicable respiratory illnesses. There is the distinct liability risk if a business fails to follow the OSHA guidance, and then has a COVID-19 outbreak or work-related transmission traced back to its facility. Furthermore, in this guidance, OSHA reiterates the need to report cases of work-related infection to the agency.
With TAG’s expertise in public health and communicable diseases, we are continuing to assist businesses COVID-19 and other workplace-transmissible disease protections. Give us a call for assistance with yours!
In Case You Missed It
- In Wednesday’s Recommendations for Industry, we discussed the 51% efficacy of a single Pfizer dose and vaccination incentives. Read more here.
- The CDC updated its “Myths and Facts about COVID-19 Vaccines,” with notes including:
- The COVID-19 vaccine will not make you magnetic
- None of the COVID-19 vaccines authorized for use in the United States shed or release any of their components – none of them contain a live virus
- There is no evidence that fertility problems are a side effect of any vaccine, including the COVID-19 vaccines
- COVID-19 vaccines do not change or interact with your DNA in any way
- The Federal Government does not mandate vaccination for people, including the COVID-19 vaccine
- You will not test positive for COIVD-19 on a viral test after getting the vaccine
- The COVID-19 vaccine cannot make you sick with COVID-19
- The CDC has changed travel restrictions for ~110 countries.!
- The EU COVID-19 passport has been revealed and some countries are planning to adopt. To find out more about it, Schengen Visa Info discusses what you need to know.
- The Washington Post reports that scientists and researchers are seeking to better understand the impacts of SARS-CoV-2 on the human brain (including potential brain damage occurrence).
- A recent study of COVID-19 related deaths between March and November 2020 found that COVID “caused a 22 percent increase of excess deaths, with a high proportion impacting the food/agriculture sector and the transportation sector, with Latinx “working age adults experiencing the highest excess mortality. Latino workers in the food industry had 59% excess mortality.”
- Another recent study found that malicious bots were often the biggest spreader of COVID untruths; in fact, they were “the primary drivers of COVID-19 misinformation, spreading myths and seeding public health distrust exponentially faster than human users could.”
- Officials in the UK are considering delaying the country’s re-opening due to the Delta COVID-19 variant & to ensure more older individuals are able to become fully vaccinated.
- Most recently, real world data from Israel has shown that a single-dose of Pfizer’s COVID-19 vaccine is already 51% protective.
- For Asian-Americans living in the U.S., “re-opening is not an option” as there is still an increasing surge of anti-Asian attacks (despite more vaccinations and decreasing case rates). In fact, Stop AAPI Hate has “tracked over 6,600 attacks and other incidents targeting Asian Americans and Pacific Islanders from March 2020 to March 2021.”
- Royal Caribbean International (the cruise company) has announced it will start some U.S. sailings on July 2nd, 2021; however, vaccinations, while strongly recommended, are not required.
- Vaccinations for children as young as 6 months may be available in the Fall (for Pfizer and Moderna vaccines).
- Moderna is seeking E.U. & Canada approval for the use its COVID-19 vaccine in teenagers!
- In Monday’s Recommendations for Industry, we discussed the UK’s increasing cases of the Delta variant and also Monday being World Food Safety Day. Read more here.
- Monday (June 07, 2021) was World Food Safety Day. The June 7, 2021 observance aims to draw attention and inspire action to help prevent, detect and manage foodborne risks, contributing to food security, human health, economic prosperity, agriculture, market access, tourism and sustainable development.
- The number of people infected with coronavirus in the UK has risen by as much as two-thirds, according to the Office for National Statistics (ONS). BBC reports that It estimates that around 100,000 people tested positive in the week to 29 May, or one in 660 people – up from 60,000 the previous week. While a growing proportion looked like they were the Delta variant, first detected in India, the increased testing for the variant may make the spike look larger than it is.
- The AAP updated its guidance on proper mask use for children aged 2-11years who cannot or have not received a COVID-19 vaccine, stating that “Until children and adolescents can be fully protected by a vaccine, the AAP recommends they continue to wear masks when they are around groups of people indoors and outdoors.” The group encouraged unvaccinated children to wear masks in childcare, camp or school settings and while traveling, such as on airplanes, trains and buses, when playing with friends, at grocery stores, during indoor sports, and outdoor
Public Health & Food Safety:
- At this time, three popular Costco Frozen Desserts (Clio Snack’s Greek Yogurt Bars) are being recalled for potential metal contamination. For more information on the recall, please see here.
- On June 7th, the WHO committed to stepping up actions to improve food safety and protect people from disease. The WHO has developed and released a “handbook to help countries measure their foodborne disease burden and identify food safety system needs and data gaps so they can strengthen national infrastructure and better protect people’s health.” Read more, here.
- Food Safety News reports on a recent report finding a decrease in STEC infections across Europe in 2019.
- Although many women may be hesitant to get the flu vaccine while pregnant, increasing number of studies have found that infants who were exposed to the flu vaccine (while in the womb) did not have an increased likelihood of adverse outcomes!
- The FDA has approved the second ever smallpox drug.