In a reversal of policy from the previous Administration, the Occupational Safety and Health Administration (OSHA) introduced the National Emphasis Program (NEP) effective March 12th. The purpose of the NEP is to ensure that “employees in high-hazard industries are protected from contracting SARS-CoV-2. The NEP addresses complaints, referrals and incident reports in specific high-hazard industries, presumably including meat and poultry plants. The NEP considers potential retaliation against workers complaining of unsafe work conditions and will refer allegations of retaliation to the Whistleblowers Protection Program. The NEP is based on the Presidential Executive Order on Protecting Work Health and Safety issued January 21st 2021 and Section 5 (a)(1) of the Occupational Safety and Health Act 29 U.S.C. 654.
The NEP program will expire in twelve months but in the interim will offer on-site consultation to encourage companies to develop strategic approaches to minimize hazards. Proven modalities are now standard in the meat and poultry industries. The program includes how OSHA will select sites for evaluation, scheduling inspections and conducting non-programmed evaluation in the event of fatalities, complaints or referrals. The NEP document also describes outreach to local and regional agencies including assistance with online resources.
It is evident that under the present Administration, OSHA will not adopt a “hands-off” approach to COVID or other workplace hazards. Evident lack of concern and abrogation of responsibility is evidenced by the paucity of both on-site and virtual inspections and reviews conducted in 2020.
The 19-page OSHA document can be accessed at www.osha.gov/site/default/files/enforcement/directives/dir_201-01_CPL-03