Preparing for the HEROES Act’s OSHA Regulations

Recorded Webinar | William Levinson | From: Jan 13, 2021 - To: Dec 31, 2021

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The HEROES(Health and Economic Recovery Omnibus Emergency Solutions Act) which passed the House of Representatives in May says in part,

  • In general.–In consideration of the grave danger presented by COVID-19 and the need to strengthen protections for employees, notwithstanding the provisions of law and the Executive orders listed in paragraph (7), not later than 7 days after the date of enactment of this Act, the Secretary of Labor shall promulgate an emergency temporary standard to protect from occupational exposure to SARS-CoV-2–
    • employees of health care sector employers;
    • employees of employers in the paramedic and emergency medical services, including such services provided by firefighters and other emergency responders; and
    • other employees at occupational risk of such exposure

”Permanent Standard.–Not later than 24 months after the date of enactment of this Act, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act (29 U.S.C. 655), promulgate a final standard–(1) to protect employees in the occupations and sectors described in subparagraphs (A) through (C) of subsection (a)(1) from occupational exposure to infectious pathogens, including novel pathogens…”

While the OSHA standard has yet to be released, OSHA’s “Guidance on Preparing Workplaces for COVID-19” offers a good preview of what is likely to be in it. Other measures also can be taken to protect employees and other stakeholders.

Areas Covered in the Session:-

  • Enactment of the HEROES Act will require OSHA to develop a standard for protection from occupational exposure to COVID-19 and related diseases. Employers will have to comply with this standard.
    • Even if the HEROES Act does not become law, it is desirable to protect workers, customers, and stakeholders from harm, and also protect the continuity of operations by making unnecessary another shutdown of economic activity to contain a pandemic.
  • COVID-19 has already made a resurgence because people have dropped their guard against it, which is a repetition of the mistakes people made in 1918 after the first wave of the flu pandemic.
    • Even if a vaccine is developed, COVID-19 could return in a mutated form against which it will not work. (This is why everybody needs a new flu vaccine every year; the viruses change and mutate.)
  • OSHA’s “Guidance on Preparing Workplaces for COVID-19” already offers a good framework, as well as an idea of what to expect in any forthcoming standard. ASHRAE offers guidance on the role of air handling systems.
  • Basic planning principles:
    • Create a risk register of activities and locations that involve the risk of contagion
    • There are two primary sources of risk; contagion from a cough, and contagion from contaminated surfaces. (Any countermeasure that will stop contagion from a cough will stop it from ordinary speech and breathing, but not necessarily the other way around.)
    • Involve employees and other stakeholders in the planning process. They are often in the best position to identify risks.
  • Distance (between respiratory tracts) is our friend, and it can be added (e.g. with partitions) without the need for more floor space per employee or customer. This is already being done.
  • Air handling systems and heating, ventilation, and air conditioning (HVAC) can play an important role.
  • Administrative controls such as staggered shifts reduce the number of people present at any given time, and therefore opportunities for contagion.
    • Ensure that attendance policies and performance evaluation metrics do not encourage or compel sick employees to come to work.
  • Telecommuting, distance conferencing, and distance education are the ultimate forms of social distancing, and they also eliminate travel and lodging costs as well as the overhead of brick and mortar facilities.
  • Personal protective equipment (PPE)
    • Respirators (e.g. N95) offer far superior protection than surgical face masks, even though the latter are known quantities if they meet ASTM requirements. If a job requires a respirator, a face mask is not an adequate substitute.
    • It is not enough to just issue respirators; they must be fitted to employees, who must be trained in their proper use.
    • Beware of counterfeit and substandard respirators and face masks that do not deliver the advertised performance.

Key Take Away:-

Attendees will be able, upon completion of the webinar, to prepare their organizations to meet the likely requirements of forthcoming OSHA regulations for the protection of workers against contagious diseases such as COVID-19.

Why Should You Attend:-

If the HEROES Act becomes law, OSHA will release a temporary standard to protect employees from occupational exposure to COVID-19. Workplaces will have to comply with this standard, and then a permanent standard to be issued by mid-2022. Workplaces that get a head start by planning and acting now will not have to scramble to comply and, more importantly, will be well-positioned to protect employees and other stakeholders should COVID-19 ever return in its current form or a mutated one against which the pending vaccines will not work. This will also protect the continuity of operations by making it unnecessary to shut down workplaces to “flatten the curve.”

COVID-19 has, in fact, already made a comeback as of mid-June because people have dropped their guard against it, as many did against the 1918 flu pandemic. This underscores the need for proactivity to ensure that neither it nor anything like it causes the human and economic damage it caused in the first part of 2020. Off the shelf, resources are fortunately available, and this webinar will provide an overview of them.

Who will Benefit:-

All people with responsibility for reopening businesses in the aftermath of the COVID-19 outbreak, as well as people with responsibility for occupational health and safety (OH&S) compliance along with building layouts and heating, ventilation, and air conditioning (HVAC).

William Levinson

William A. Levinson, P.E., is the principal of Levinson Productivity Systems, P.C. He is an ASQ Fellow, Certified Quality Engineer, Quality Auditor, Quality Manager, Reliability Engineer, and Six Sigma Black Belt. He is also the author of several books on quality, productivity, and management.