After a series of changes introduced on August 13, 2021, the Occupational Safety and Health Administration (“OSHA”) advises employers to follow new recommendations to protect both vaccinated and unvaccinated (and otherwise at-risk) workers.
Although they had previously agreed to lessen protective measures at workplaces where employees were fully vaccinated, the updated guidelines —in accordance with what is stipulated by recent CDC reports— consider the rise and mortality rates of the new Delta variant. This has resulted in mask-related safety measures such as:
- Making masks mandatory in public areas identified as having substantial or high community transmission
- Recommending mask use in public indoor settings regardless of community-level of transmissions
- Scheduling tests in 3 to 5 days after exposure (when vaccinated).
In addition to the universal precautions listed above, the updated guidelines offer expanded, specific measures for protecting workers in “higher-risk workplaces” with mixed-vaccination status. These include:
- Implementing multiple layers of control (e.g., mask-wearing, distancing, and increased ventilation). Regarding this particular measure, OSHA advises employers to enforce physical distancing (at least six feet) within all communal work areas that mix up vaccinated and otherwise at-risk workers.
- Recommending the installation of transparent shields or other solid barriers at workstations where unvaccinated or otherwise at-risk workers are not able to remain distanced from each other.
Though this article does not address the potential impacts of the other numerous local, state, and federal orders that have been issued in response to the COVID-19 pandemic, the legal landscape continues to evolve quickly. As a result, there is a lack of clear-cut authority or bright-line rules on the implementation of other pandemic-related measures, including, but not limited to: potential liability should an employee become ill, requirements regarding family leave, sick pay, and other issues. Moreover, employers should continue to monitor applicable regulations and guidelines while keeping up with the changes likely to follow as the pandemic and the CDC guidance around it evolve.