COVID-19 TASK FORCE

Technology Solutions for Complying with COVID-19 Requirements

Co-Presented by Eric J. Conn (Conn Maciel Carey LLP) and Nick Eurek (Maptician)

In July, Virginia became the first state in the nation to promulgate a mandatory rule designed to reduce COVID-19 infections in the workplace. Virginia’s rule memorializes otherwise recognized and enforceable guidance from federal OSHA, the CDC, state and local departments of health, and governors’ offices all across the country, so the policies and controls that must be implemented there are mostly needed everywhere. Specifically, employers are required to:

• Assess and categorize potential exposures to COVID-19 in the workplace
• Implement a written infection control and response plan
• Promptly notify potentially exposed co-workers, VOSH/OSHA, and/or the Depart. of Health about infected workers

The core element of employers’ infection control strategies are the engineering, administrative, and safe work practice controls to enhance physical distancing (e.g., reconfiguring work stations, tracking where/when employees move throughout the workplace, thoughtful scheduling strategies like cohorting, staggering start/end/break times, etc.), conducting pre-work health screenings, and promptly contact tracing to facilitate notifications to potentially exposed employees. As is America’s way, innovators are developing technology solutions to aid in implementing these infection control strategies. A special guest from the innovative technology provider Maptician will identify technology solutions they have developed to assist employers in meeting these new regulatory requirements.

Participants in this webinar learned:

• Background about VOSH’s COVID-19 Standard and related OSHA and CDC guidance
• What to include in an effective Infection Control Plan
• Technology solution for key infection control strategies

Everything You Need to Know About Virginia OSHA’s New COVID-19 Standard

Presented by Eric Conn, Chair of Conn Maciel Carey’s national OSHA Practice, Susan Wilcox, a CIH and CSP with Safety Resource Associates, and special guest Jennifer Rose, VOSH Cooperative Programs Director with the Virginia Department of Labor and Industry.

Last week, Virginia became the first state in the nation to promulgate a mandatory safety regulation designed to reduce COVID-19 infections in the workplace, when Virginia’s Governor Ralph Northam announced the commonwealth’s adoption of an Emergency Temporary Standard (“ETS”). The COVID-19 ETS, which was drafted by Virginia’s Department of Labor and Industry, requires Virginia employers to:

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• Assess potential exposures to COVID-19 in the workplace

• Categorize the level of risk of exposure from Low to Very High (each with different mitigation requirements)

• Develop and implement a written infection control plan

• Provide employee training on the virus and control measures in the workplace

• Make certain notifications about infected employees to co-workers, to VOSH, and to the VA Dept. of Health

VOSH’s COVID-19 ETS will go into effect after it is published in a newspaper of general circulation in Richmond, VA, which is expected to occur the week of July 27th. Virginia companies could face penalties ranging from approx. $13,000 up to $130,000 for each violation of the new rule.

Participants in this webinar learned:

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• Background about VOSH’s COVID-19 Standard

• What VOSH’s COVID-19 ETS requires

• What to include in your Infection Control Plan

• Requirements for training, face masks, sanitation, and notifications about infected employees

• Timelines and deadlines in VOSH’s new rule

Returning to Work During COVID-19 and Avoiding OSHA Compliance Pitfalls

While the world still wrestles COVID-19, and the United States is experiencing spikes in throughout most states cases, a renewed focus a businesses’ adherences to safety procedures in the workplace is crucial. Additionally, the spike is leading to increased pressure for regulators to get more aggressive on the national, state, and local level to being enforcement in earnest on employers who are not employing safe and compliant return to work practices. 

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In this session, Conn Maciel Carey LLP partners Kathryn McMahon and Nick Scala, provided insight and advice on the OSHA workplace safety and health implications of COVID-19 and best practices for companies returning to work and/or continuing to operate during the pandemic, such as:
 

• What is an exposure control plan and why does every employer need one?

• How will OSHA enforce their expectations relative to COVID-19 as well as other safety and health standards during this pandemic?

• When and how should employers report and record confirmed COVID-19 cases on their OSHA 300 logs?

• What do employers need to know about face coverings, respirators and other forms of protective equipment?

• Which OSHA standards are most likely to be violated by employers while attempting to protect their workforce?

• Have OSHA relaxed enforcement of certain standards, and if so, what are the implications?

Process Safety During COVID-19 Webinar

AcuTech held a free webinar to discuss the impacts of COVID-19 on process safety management and risk management. See a recorded video of the webinar below.

Topics included:

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• Discussion on how process safety is being affected

• Challenges for compliance to OSHA PSM and EPA RMP

• Process safety management during “back to work”

• Legal ramifications of COVID-19 to OSHA and EPA compliance

• Practical guidance to manage these issues

NGFA and Grain Journal hosted a webinar focused on the implications of COVID-19 for the grain, feed, processing and export industry. Featuring Eric J. Conn, chair of the Occupational Safety and Health Administration (OSHA) practice group at Conn Maciel Carey LLP, the webinar examined the workplace safety implications of OSHA’s recently issued “Guidance on Preparing Workplaces for COVID-19,” which defines risk categories and provides recommendations on how to protect employees. Conn is a widely recognized and respected expert on OSHA and safety and health matters.

Participants learned about the following:
 

• OSHA, Centers for Disease Control and Prevention (CDC), and other guidance for managing infection control in the workplace generally;

• Regulatory issues and best practices associated with voluntary and mandatory use of respirators or other face coverings;

• Illness recording/reporting issues; and

• How to respond to employee or OSHA complaints.