The Occupational Safety and Health Administration (OSHA) recently posted guidance to help employers identify COVID-19 risks to unvaccinated or otherwise at-risk workers, and help prevent exposure and infection. Because the CDC has advised that fully vaccinated people can resume activities without wearing masks or physically distancing, the guidance is designed to aid employers in providing a safe work place for the unvaccinated and the vaccinated who are at-risk despite being vaccinated.
Under the guidance, where all employees are fully vaccinated, most employers no longer need to take steps to protect employees from COVID-19 exposure (subject to certain exceptions including face mask requirements for public transportation). But, employers must take steps to protect unvaccinated employees and those who are vaccinated but a-risk (such as employees with immunocompromising conditions). Those steps include, among others:
Granting paid time off for employees to get vaccinated and recover from any side-effects;
Instruct workers who are infected or who are unvaccinated and have had close contact with an infected person to stay home for an appropriate period of time, and ensure that COVID-19 absence policies are not punitive;
Continue physical distance requirements for the unvaccinated and at-risk employees, and have staggered break times to reduce the size of gatherings;
Provide unvaccinated and at-risk employees with face masks at no cost unless they are required to wear a respirator or other PPE;
Educate and train employees on the employer’s COVID-19 policies and procedures in a language they understand;
Suggest that unvaccinated customers, visitors and guest were face coverings, especially in public facing workplaces;
Maintain and improve ventilation systems;
Perform routine cleaning and disinfection;
Report and record COVID-19 infections and deaths;
Implement protections from retaliation and establish an anonymous process for employees to voice concerns about COVID-19 related hazards;
Stagger arrival and departure times to avoid congregations of unvaccinated or at-risk employees in locker rooms, time clock areas, and similar areas; and
Provide visual markings to remind employees to physically distance.