The COVID Project
The record
- Jurisdiction
- United States Department of Labor, OSHA (federal agency)
- Level
- Federal
- Authority
- 29 U.S.C. 657, 658
- Issued
- 2020-04-16 Apr. 16, 2020
- Effective
- 2020-04-16
- End
- Continued through 2020; superseded in practice by the March 12, 2021 Updated Interim ERP and NEP (read as 2021-03-12)
- In force
- Apr. 16, 2020 to Mar. 12, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q1
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureWorkplace rules
- Addressees
- all employers with recurring OSHA training, audit, inspection and testing obligations
- OSHA Area Offices
- Functions reached
- HR training and certification renewals (forklift, crane, respirator medical evaluations, audiometric testing, process safety audits) interrupted because 'local authorities required the workplace to close'
- OP compliance documentation
- PF/JS
- Collection
- Federal labor and immigration agencies AGY-FED-LABOR-IMMIGRATION
Operative words
During the course of an inspection, OSHA Area Offices will assess an employer's 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
Notes
A federal agency's contemporaneous finding that governmental closure orders prevented employers from performing OSHA-mandated functions; directly relevant to construction, manufacturing, warehousing, healthcare and laboratories.