OSHA has issued
interim guidance
on evaluating an employer’s good faith efforts to comply with safety and health standards during the coronavirus pandemic.
Current infection control practices may limit the availability of employees, consultants or contractors who normally provide training, auditing, equipment inspections, testing and other essential safety and industrial hygiene services. Business closures and other restrictions may also preclude employee participation in training if trainers are unavailable.
OSHA compliance safety and health officers will assess an employer’s efforts to comply with standards that require annual or recurring audits, reviews, training or assessments, and will evaluate if the employer:
- Explored all options to comply with applicable standards, such as use of virtual training or remote communication strategies;
- Implemented interim alternative protections, such as engineering or administrative controls; and
- Rescheduled required annual activity as soon as possible.
Employers unable to comply with OSHA requirements because local authorities have required the workplace to close should demonstrate a good faith attempt to meet applicable requirements as soon as possible following the re-opening of the workplace.