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You Have 3 Options: TAG’s Take on OSHA Worker Protection Guidance

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You Have 3 Options: TAG’s Take on OSHA Worker Protection Guidance

You Have 3 Options: TAG’s Take on OSHA Worker Protection Guidance

Key Points:

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:

  1. 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.)
  2. Require verification of vaccination status. Any worker without proof of full vaccination must continue masking, distancing, et.
  3. 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. 
  • 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

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