Preparing for new OSHA regulations and guidance

It’s unlikely that all the rules enacted over the past year will go away even when we eventually get COVID-19 under control. (Photo: Shutterstock)

The convergence of the COVID-19 pandemic and the change in presidential administrations is profoundly affecting the Occupational Safety and Health Administration (OSHA). Employers need to prepare for a much more demanding regulatory environment.

Some context may be helpful. Workplace safety is regulated through a combination of OSHA, the federal agency charged with administering and enforcing the Occupational Safety and Health Act of 1970, and a collection of twenty-two state-specific OSHA programs with jurisdiction over most non-governmental employers. State programs can set their own rules but must be “no less effective” than the federal standard. In practice, this means they adopt the federal rules and then perhaps add some of their own.