Department of Labor Recommends that OSHA Issue Mandatory COVID-19 Safety Rules
By: Aaron Chaet
On February 25, 2021, the Labor Department’s Office of Inspector General (“DOL”) released an audit report (“Audit Report”) with a recommendation that the Occupational Safety and Health Administration (“OSHA”) issue mandatory COVID-19 safety rules for employers.FN1 The DOL also made multiple recommendations regarding OSHA’s current inspection strategies, which included prioritizing on-site inspections for “very high and high-risk employers for COVID-19” violations.FN2 The DOL also recommended that to the extent that OSHA conducts remote inspections, OSHA should continually compare and analyze their effectiveness in identifying and abating worksite hazards.FN3
The DOL initiated the Audit Report to identify OSHA’s internal deficiencies which resulted in drastically lower inspections and violations. For instance, despite receiving 15% more complaints in 2020 than in 2019, OSHA conducted 50% fewer inspections.FN4 These statistics were particularly concerning to the DOL because equivalent state occupational safety and health agencies conducted four times more inspections and five times more violations than OSHA.FN5
OSHA’s leadership agreed with the DOL’s recommendations and stated that it was working on a national program to focus OSHA enforcement efforts related to COVID-19 violations that put the largest number of workers at serious risk.FN6
TAKEAWAY
As OSHA is increasing the number of inspections, employers should review their internal COVID-19 procedures to be sure that they are in compliance with federal and state COVID-19 guidelines. Please contact the attorneys at Campbell Litigation, P.C. with any questions or concerns regarding COVID-19 safety protocols as well as any issues related to OSHA complaints or inspections.
FN1- U.S. Dept. of Labor, Office of Inspector General Audit Report, Feb. 25, 2021, accessible at https://www.oig.dol.gov/public/reports/oa/2021/19-21-003-10-105.pdf
FN2- Id. at 16.
FN3- Id.
FN4- Id. at 2.
FN5- Id.
FN6- Id. at Appendix B.