COVID-19/U.S. Department of Labor Office of Inspector General: Report to the Occupational Safety and Health Administration

The United States Department of Labor Office of Inspector General (“OIG”) issued a February 25th report titled:

COVID-19: Increased Worksite Complaints and Reduced OSHA Inspections Leave U.S. Workers’ Safety at Increased Risk (“Report”)

The Report was transmitted to the Occupational Safety and Health Administration (“OSHA”). See Report No. 19-21-003-10-105.

OIG states that it prepared the Report because of the following:

• Specific worker health and safety concerns related to COVID-19
• Need to review measures OSHA has taken to ensure employers mitigate employees’ risk of exposure
• Increase in receipt of complaints by OSHA and Congress, labor unions and the media requesting swift action

OIG states that the question the Report is intended to answer is:

What plans and guidance has OSHA developed to address challenges created by COVID-19, and to what extent have these challenges affected OSHA’s ability to protect the safety of workers and its workforce?

OIG states in the Report that it determined:

• OSHA has taken actions, including issuance of guidance in response to COVID-19
• Reduction of on-site inspections subject employees to greater safety risks (15% more complaints in 2020 but 50% fewer inspections)
• Increased risk that OSHA is not providing the level of protection workers need at various job sites
• Remote OSHA inspections because of COVID-19 may have resulted in some workplace hazards going unidentified and/or unabated longer (noting OSHA’s onsite presence during inspections historically resulted in timely mitigation efforts)
• OSHA has issued several guidance documents to enhance safety because of COVID-19
• Guidance is not enforceable (as opposed to rules or standards)
• OSHA has not issued an emergency temporary standard related to COVID-19 for airborne infectious diseases which may better protect employees

The OIG recommendations to OSHA in the Report address:

• Onsite inspections
• Remote inspections guidance
• Emergency temporary standard for infectious diseases

A link to the Report can be found here.