{"id":"AGY-FED-LABOR-IMMIGRATION-021","kind":"order","level":"federal","jurisdiction":"United States Department of Labor, OSHA (federal agency)","state":"","metro":"","industry":"","agency":"FED-LABOR-IMMIGRATION","eco":"","issuer":"OSHA Directorate of Enforcement Programs to Regional Administrators and State Plan Designees","authority":"29 U.S.C. 657, 658","instrument":"Memorandum, Discretion in Enforcement when Considering an Employer\u0027s Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic (Apr. 16, 2020)","title":"Discretion in Enforcement when Considering an Employer\u0027s Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic","dateIssued":"2020-04-16","effective":"2020-04-16","end":"Continued through 2020; superseded in practice by the March 12, 2021 Updated Interim ERP and NEP","startDate":"2020-04-16","endDate":"2021-03-12","quarters":["2020Q2","2020Q3","2020Q4","2021Q1"],"types":["EMP","CLOSE"],"addressees":["all employers with recurring OSHA training, audit, inspection and testing obligations","OSHA Area Offices"],"clause":"During the course of an inspection, OSHA Area Offices will assess an employer\u0027s efforts to comply with standards that require annual or recurring audits, reviews, training, or assessments... In instances where an employer is unable to comply with OSHA-mandated training, audit, assessment, inspection, or testing requirements because local authorities required the workplace to close, the employer should demonstrate a good faith attempt to meet the applicable requirements as soon as possible following the re-opening of the workplace.... Where the employer cannot demonstrate any efforts to comply, a citation may be issued as appropriate under existing enforcement policy.","enforcement":"Citations under 29 U.S.C. 658 for lapsed recurring requirements unless good-faith efforts are documented","functions":["HR training and certification renewals (forklift, crane, respirator medical evaluations, audiometric testing, process safety audits) interrupted because \u0027local authorities required the workplace to close\u0027","OP compliance documentation","PF/JS"],"notes":"A federal agency\u0027s contemporaneous finding that governmental closure orders prevented employers from performing OSHA-mandated functions; directly relevant to construction, manufacturing, warehousing, healthcare and laboratories.","sourceUrl":"https://www.osha.gov/memos/2020-04-16/discretion-enforcement-when-considering-employers-good-faith-efforts-during","snapshot":"","fileExists":true,"fileBytes":149688,"grade":"primary","character":"","description":"","collection":"AGY-FED-LABOR-IMMIGRATION","url":"/library/AGY-FED-LABOR-IMMIGRATION-021","exhibitUrl":"/exhibit/AGY-FED-LABOR-IMMIGRATION-021","citation":"OSHA Directorate of Enforcement Programs to Regional Administrators and State Plan Designees, Memorandum, Discretion in Enforcement when Considering an Employer\u0027s Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic (Apr. 16, 2020) (Ex. AGY-FED-LABOR-IMMIGRATION-021)","stateName":"","related":["AGY-FED-LABOR-IMMIGRATION-016","AGY-FED-LABOR-IMMIGRATION-023","AGY-FED-LABOR-IMMIGRATION-024"]}