OSHA Develops New COVID-19 Enforcement Program, IDFA Hosting Webinar to Share Details

IDFA would like to inform you of a new OSHA COVID-19 National Emphasis Program (NEP) that could result in increased COVID-19 inspections of dairy processing facilities. The NEP seeks to reduce the risk of workplace exposures to COVID-19 by focusing OSHA enforcement efforts on workplace establishments considered “high risk” in terms of exposing workers to COVID-19. The NEP also prioritizes employers that retaliate against workers for complaints about unsafe or unhealthy conditions. While the NEP only applies in states lacking OSHA state plans, OSHA is strongly encouraging states to adopt this NEP into state plans.

The NEP’s inspection program will be phased in and will prioritize certain workplaces with COVID-19 related fatalities and injuries with un-programmed inspections. The NEP’s Appendix B lists dairy processing (under the general Food Industry NAICs code 311xxx) as a secondary target industry for programmed inspections. Dairy processing is listed because of exposures to the public or to coworkers resulting from on-site, work-related duties. This means that while dairy processing facilities are not a priority or primary focus such as health care and other industries, companies can expect an increase in COVID-19 related in-person inspections. Dairy companies may review information about the NEP and review the newly updated Interim Enforcement Response Plan to better understand how OSHA will prioritize and conduct inspections.

Importantly, IDFA is also closely monitoring developments at OSHA regarding a COVID-19 Emergency Temporary Standard (ETS). OSHA announced that it was unable to complete the standard by the March 15 deadline mandated by Executive Order, but the ETS is expected to be issued in the near future. Once finalized, the ETS becomes a legally binding standard for all workplaces.

To help dairy processing companies better understand the forthcoming ETS and NEP enforcement policies, both members and non-members are invited to register for an IDFA-hosted OSHA webinar on April 12 from 2:20 – 3:20 p.m. ET.

Register for OSHA Webinar

Participants will hear from OSHA Compliance Assistance Specialist Nick Donofrio as he explains the ETS an how it differs from prior non-binding guidance and the enforcement priority. Members are encouraged to bring questions to OSHA.