Employment Alert – OSHA Issues New Guidance on Protecting At-Risk Employees from COVID-19

August 16, 2021 | By: Scott Kiplinger and Chris Thrutchley

In response to the recent surge in COVID-19 cases across the country, OSHA released updated guidance on protecting workers from the virus. This guidance is particularly relevant for employers with an unvaccinated or mixed-vaccinated workforce in higher-risk industries such as manufacturing, food processing, retail and grocery, or others where employees are often in prolonged, close contact with each other or the public. Employers should review the new guidance and weigh the costs and benefits of adjusting their health and safety practices accordingly.

The guidance includes the following:

• Fully vaccinated workers in areas with substantial or high community transmission should continue to wear masks in order to protect unvaccinated workers.
• If a fully vaccinated worker comes in close contact with a person who tests positive, the worker should wear a mask either for 14 days or until testing negative three to five days after exposure.
• If a workplace utilizes workstations where unvaccinated or other at-risk employees are unable to maintain six feet of distance from others, employers should consider installing shields or other solid barriers. Adequate ventilation systems should be installed and maintained. Other prevention measures, such as staggered report times and breaks should also be considered, if possible.
• Endorsement of the latest CDC guidance for K-12 schools, including universal indoor masking for all children over the age of two and maintaining a physical distance of three feet between students.

Remember that federal guidance from OSHA and the CDC are just two sources available for employers to consider when deciding on health and safety protocols. Oklahoma employers also may look to and act consistent with state sources of guidance, such as Executive Orders from the Governor or guidance from the Oklahoma State Department of Health.

GableGotwals’ Employment & Labor team is available to help employers evaluate and update their health and safety policies, procedures, and practices. Please contact any member of the team for further assistance.

Scott Kiplinger 405-568-3317 skiplinger@gablelaw.com	Chris Thrutchley 918-595-4810 cthrutchley@gablelaw.com

This article is provided for educational and informational purposes only and does not contain legal advice or create an attorney-client relationship. The information provided should not be taken as an indication of future legal results; any information provided should not be acted upon without consulting legal counsel.